ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Wyndham St. Thomas, Inc., to dismiss the amended complaint of Vickie and John Bergman for lack of subject matter jurisdiction and for failure to state a claim. I. FACTUAL AND PROCEDURAL HISTORY John Bergman and Vickie Bergman (collectively, the "Bergmans") are husband and wife. The Bergmans allege that on December 2, 2014, Vickie Bergman was a guest at Bluebeard's Beach Club & Villas ("Bluebeard's") and the Beach...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the United States to dismiss the Superseding Indictment as to Dean Thompson ("Thompson"). On May 18, 2017, the Grand Jury returned a two-count Indictment charging Thompson with conspiracy to possess with intent to distribute narcotics in violation of 21 U.S.C. 846 and possession with intent to distribute narcotics in violation of 21 U.S.C. 841(a)(1). On July 27, 2017, the Grand Jury returned a four-count...
ORDER CURTIS V. G MEZ , District Judge . On January 20, 2017, the United States filed a four count Information charging Terminix International Company Limited Partnership and Terminix International USVI, LLC (collectively, "Terminix") with violating the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), Title 7, United States Code 136-136y. The Information charges that: (1) Terminix used pesticides containing methyl bromide to fumigate residential homes throughout the...
ORDER CURTIS V. G MEZ , District Judge . Before the Court are the motions of the Government of the Virgin Islands to dismiss the initial and amended complaints filed by the American Resort Development Association-Resort Owners' Coalition. I. FACTUAL AND PROCEDURAL HISTORY On March 22, 2017, the Governor of the U.S. Virgin Islands, Kenneth Mapp, signed the Virgin Islands Revenue Enhancement and Economic Recovery Act of 2017 ("the Act") into law. That Act imposes a $25 per day...
ORDER CURTIS V. G MEZ , District Judge . Before the Court are the applications of Roy E. Hodge, III, ("Hodge") and Wayne A. Fahie ("Fahie") to waive their speedy trials. For the reasons stated herein, the time to try this case is extended up to and including March 5, 2018. While the Speedy Trial Act requires that defendants 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....
MEMORANDUM OPINION Bankruptcy No. 2006-30009 WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Chapter 7 Trustee's Brief in Support of His Motion for a Preliminary Injunction," filed on November 24, 2017 by James P. Carroll ("Carroll" or the "Trustee"), the Chapter 7 Trustee of the bankruptcy estate of the Debtor and Appellant, Jeffrey J. Prosser ("Prosser") (Dkt. No. 81); the "Response to Trustee's Brief re: Preliminary Injunction: Consent to Preliminary...
MEMORANDUM OPINION Bankruptcy No. 2006-30009 WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Chapter 7 Trustee's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction," filed on November 7, 2017 by James P. Carroll ("Carroll" or the "Trustee"), the Chapter 7 Trustee of the bankruptcy estate of the Debtor and Appellant, Jeffrey J. Prosser ("Prosser"). (Dkt. No. 70). In his Motion, Carroll asserts that Prosser and his wife,...
AMENDED JUDGMENT 1 CURTIS V. G MEZ , District Judge . Before the Court are the motions of The Bank of Nova Scotia for (1) default judgment against Omar Brown, Jr., and Ju-Ana Brown; and (2) summary judgment against The United States Department of Treasury, Internal Revenue Service. I. FACTUAL AND PROCEDURAL HISTORY Having reviewed the record, the Court makes the following findings of fact: 1. Omar Brown, Jr. ("Omar Brown"), and Ju-Ana Brown (collectively, the "Browns") are the...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the United States Virgin Islands, the Virgin Islands Bureau of Internal Revenue, and the Virgin Islands Department of Finance (collectively, the "government") to dismiss the complaint in this matter for lack of subject matter jurisdiction. A brief outline of the relevant procedural history is necessary before the Court can address the government's motion to dismiss. On April 18, 2017, William O. Perkins ("Perkins")...
ORDER CURTIS V. G MEZ , District Judge . Before the Court are the applications of Roy E. Hodge, III, ("Hodge") and Wayne A. Fahie ("Fahie") to waive their speedy trials. For the reasons stated herein, the time to try this case is extended up to and including March 5, 2018. While the Speedy Trial Act requires that defendants 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....
MEMORANDUM OPINION Bankruptcy No. 2006-30009. WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Chapter 7 Trustee's Brief in Support of His Motion for a Preliminary Injunction," filed on November 24, 2017 by James P. Carroll ("Carroll" or the "Trustee"), the Chapter 7 Trustee of the bankruptcy estate of the Debtor and Appellant, Jeffrey J. Prosser ("Prosser") (Dkt. No. 81); the "Response to Trustee's Brief re: Preliminary Injunction: Consent to...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of the United States Virgin Islands, the Virgin Islands Bureau of Internal Revenue, and the Virgin Islands Department of Finance (collectively, the "government") to dismiss the complaint in this matter for lack of subject matter jurisdiction. A brief outline of the relevant procedural history is necessary before the Court can address the government's motion to dismiss. On April 18, 2017, William O. Perkins ("Perkins")...
MEMORANDUM OPINION Chapter 7 Bankruptcy No. 2006-30009. WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Chapter 7 Trustee's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction," filed on November 7, 2017 by James P. Carroll ("Carroll" or the "Trustee"), the Chapter 7 Trustee of the bankruptcy estate of the Debtor and Appellant, Jeffrey J. Prosser ("Prosser"). (Dkt. No. 70). In his Motion, Carroll asserts that Prosser and his...
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 vacate the trial management order and stay these consolidated actions. FACTUAL AND PROCEDURAL HISTORY On October 22, 2014, Salvatore Gerace and Dottie Gerace (the "Geraces") and William Lonnie Moffit and Mary Joyce Moffitt (the "Moffitts") were passengers on the New Horizons, a vessel they assert is owned and operated by Hollis B Corp. (...
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 for 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 they assert is owned and operated by Hollis B. Corp. ("Hollis"), J. Quest Corp. ("J. Quest"), and T.K. Sailing Corp. ("T.K. Sailing"). As the...
MEMORANDUM OPINION 1 CURTIS V. G MEZ , District Judge . Before the Court is the "Motion to Dismiss Indictment or, In the Alternative, For Suppression of Evidence" of Wayne James. I. FACTUAL AND PROCEDURAL HISTORY Wayne James ("James" was elected to the legislature of the Virgin Islands (the "Legislature") as a Senator in 2008. James served from 2009-2011. James has an interest in an era of Virgin Islands history referred to as the Fireburn 2 and undertook legislative efforts to...
MEMORANDUM OPINION CURTIS V. G MEZ , District Judge . Before the Court is the complaint of Kevin A. Rodriquez, Edgar Phillips, Glen J. Smith, Luis Morales, and the Democratic Party of the Virgin Islands. The Court, having considered the parties' various pleadings, witness testimony, exhibits, and the arguments of counsel, now enters Judgment pursuant to Rule 52(a) of the Federal Rules of Civil Procedure. I. FACTUAL AND PROCEDURAL HISTORY On January 25, 2016, Kevin A. Rodriquez filed a...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Pirate Bay Charters, LLC, for default judgment against Mark Bostrom. Federal Rule of Civil Procedure 55(b)(2) allows courts to enter a default judgment against a properly served defendant who fails to file a timely responsive pleading. Anchorage Assoc. v. V.I. Bd. Of Tax Rev. , 922 F.2d 168 , 177 n.9 (3d Cir. 1990). In considering a motion for default judgment, the factual allegations in the complaint are...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of The Bank of Nova Scotia ("BNS") for attorney's fees and costs. On October 14, 2016, the Court granted BNS's motions for summary judgment and default judgment and entered judgment in favor of BNS. On February 20, 2017, BNS filed a motion for attorney's fees and costs. Federal Rule of Civil Procedure 54 ("Rule 54") provides the time within which a motion for attorney's fees must be filed. See Hall v. Hall , No....
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Antonio D. Godinez and Bonnie R. Godinez captioned "Motion to Enlarge the Time for the Court to Enforce the Court-Approved Settlement Agreements." I. FACTUAL AND PROCEDURAL HISTORY On December 17, 2014, Antonio D. Godinez and Bonnie R. Godinez (collectively, the "Godinezes") filed a complaint in this matter. The Godinezes amended their complaint on June 8, 2015. The amended complaint alleges twelve counts....
