MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Defendant Patricia Henry's ("Defendant" or "Henry") "Amended Motion to Suppress Statements" (Dkt. No. 66) ("Amended Motion to Suppress"); the Government's "Response to Defendant's Motion to Suppress Statements" (Dkt. No. 77); the testimony at the suppression hearing; Defendant's supplemental memorandum and the exhibits attached thereto (Dkt. No. 107); and the Government's supplemental response...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Defendant Jaheem Benjamin's ("Benjamin") "Motion to Dismiss" (Dkt. No. 26); the Government's Opposition thereto (Dkt. No. 33); Benjamin's Reply to the Government's Opposition (Dkt. No. 36); and the oral arguments presented by the parties at a hearing before the Court. For the reasons set forth below, the Court will deny Benjamin's Motion to Dismiss. I. BACKGROUND On March 7, 2017, the...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on Defendant Jaheem Benjamin's ("Defendant" or "Benjamin") "Motion to Suppress Tangible and Derivative Evidence" (Dkt. No. 27) and "Motion to Suppress Statements" (Dkt. No. 28) (together, "Motion to Suppress"); the Government's omnibus opposition thereto (Dkt. No. 32); Defendant's "Response to Government's Opposition to Motion to Suppress Evidence" (Dkt. No. 34) and "Response to Government's...
MEMORANDUM OPINION WILMA A. LEWIS , Chief District Judge . During a hearing to address Defendant Roosevelt Dowling's ("Defendant" or "Dowling") "Motion to Suppress Evidence and/or Franks Hearing," (Dkt. No. 17) ("Motion to Suppress") and the Government's opposition thereto (Dkt. No. 18), the Court denied Defendant's request for a Franks hearing and advised the parties that its reasons therefor would follow at a later date. 1 This Opinion contains the Court's reasons for its denial of...
ORDER CURTIS V. G MEZ , District Judge . In 1994, Lawrence Carty and other similarly situated inmates in the custody of the Virgin Islands Bureau of Corrections (collectively "Carty") instituted this action against the Governor of the Virgin Islands, the Director of the Virgin Islands Bureau of Corrections, the Attorney General of the Virgin Islands, Kurt Walcott, Viola A. Fong, and Warden Everett Hansen (collectively the "Virgin Islands"). Carty alleged various constitutional violations...
ORDER Probate No. 12/1972. CURTIS V. G MEZ , District Judge . Before the Court are the motions of the Estate of Raphael T. Bostic for entry of an amended final adjudication in this matter. On October 11, 1972, this Court entered a Final Adjudication and Decree of Distribution (the "October 11, 1972, Judgment") settling the estate of Theodore W. Bostic. See Final Adjudication and Decree of Distribution, October 11, 1972, ECF No. 9-1. In the October 11, 1972, Judgment, Raphael Bostic...
ORDER CURTIS V. G MEZ , District Judge . During the course of the November 28, 2018, quarterly evidentiary hearing in this matter, Lawrence Cary and similarly situated inmates (collectively "Carty") in the custody of the Virgin Islands Bureau of Corrections ("BOC"), argued that the Virgin Islands Government (the "GVI") was in breach of its obligation to develop an interim plan for the timely transfer of inmates in need of intermediate or inpatient care to appropriate stateside psychiatric...
NOT FOR PUBLICATION OPINION ANNE E. THOMPSON , District Judge . 1 INTRODUCTION This matter comes before the Court on the Motion to Certify Controlling Question of Law to the Virgin Islands Supreme Court ("Motion to Certify") (ECF No. 264) and the Renewed Motion to Stay Discovery (ECF No. 284) brought by both Defendant Christopher Richardson ("Defendant Richardson") and Defendant Superior Court of the Virgin Islands ("Defendant Superior Court") (collectively, "Defendants"). The Court...
ORDER CURTIS V. G MEZ , District Judge . It is hereby ORDERED that the above captioned matter is scheduled for mediation before the Honorable Judge Juan R. S nchez, in Courtroom 3 of the Ron de Lugo Federal Building and U.S. Courthouse, St. Thomas, United States Virgin Islands. The mediation shall commence promptly at 1:30 P.M. on Friday, December 21, 2018 ; it is further ORDERED that, no later than 4:00 P.M. on Tuesday, December 11, 2018 , the parties shall each submit a two-page...
ORDER CURTIS V. G MEZ , District Judge . It is hereby ORDERED that the above captioned matter is scheduled for mediation before the Honorable Judge Juan R. S nchez, in Courtroom 3 of the Ron de Lugo Federal Building and U.S. Courthouse, St. Thomas, United States Virgin Islands. The mediation shall commence promptly at 3:30 P.M. on Friday, December 21, 2018 ; it is further ORDERED that, no later than 4:00 P.M. on Tuesday, December 11, 2018 , the parties shall each submit a two-page...
ORDER CURTIS V. G MEZ , District Judge . It is hereby ORDERED that the above captioned matter is scheduled for mediation before the Honorable Judge Juan R. S nchez, in Courtroom 3 of the Ron de Lugo Federal Building and U.S. Courthouse, St. Thomas, United States Virgin Islands. The mediation shall commence promptly at 10:30 A.M. on Friday, December 21, 2018 ; it is further ORDERED that, no later than 4:00 P.M. on Tuesday, December 11, 2018 , the parties shall each submit a two-page...
ORDER CURTIS V. G MEZ , District Judge . It is hereby ORDERED that the above captioned matter is scheduled for mediation before the Honorable Judge Juan R. S nchez, in Courtroom 3 of the Ron de Lugo Federal Building and U.S. Courthouse, St. Thomas, United States Virgin Islands. The mediation shall commence promptly at 8:30 A.M. on Friday, December 21, 2018 ; it is further ORDERED that, no later than 4:00 P.M. on Tuesday, December 11, 2018 , the parties shall each submit a two-page...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the motion of Steven Baxter to suppress physical evidence. I. FACTUAL AND PROCEDURAL HISTORY On March 31, 2017, Customs and Border Protection ("CBP") officers were inspecting incoming mail at the Cyril E. King Airport on St. Thomas. Bo—a K9 certified to alert to the odor of marijuana, cocaine, heroin, methamphetamine, ecstasy, and concealed humans—was smelling packages on an arriving flight at the airport. Bo's handler, Joseph...
MEMORANDUM OPINION Bankruptcy No. 2006-30009 Chapter 7 WILMA A. LEWIS , Chief District Judge . THIS MATTER comes before the Court on the "Petition for Writ of Mandamus to The Bankruptcy Division of the District Court of the Virgin Islands, or, In the Alternative, to James P. Carroll, in his Capacity as the Chapter 7 Trustee of the Bankruptcy Estate of Jeffrey J. Prosser and the Liquidation Trustee of the Liquidation Trust for the Bankruptcy Estates of Innovative Communication Company,...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the petition of Marc. A. Biggs to quash the writ of garnishment against his property. On February 27, 2008, Biggs was convicted of federal program fraud. On August 14, 2008, the Court sentenced Biggs. As part of Biggs's sentence, the Court ordered Biggs to pay a special assessment of $100 and a personal money judgment for $960,482. On February 26, 2016, the United States applied for a writ of garnishment seeking to garnish a...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the complaint of Zubair Kazi, Khatija Kazi, and Kazi Family, LLC (collectively the "Kazis"). On July 31, 2017, the Magistrate Judge entered a Scheduling Order in this matter. Shortly thereafter, on August 15, 2017, the Magistrate Judge stayed discovery. On January 30, 2018, the Magistrate Judge continued without date certain deadlines and dates contained within its July 31, 2017, Scheduling Order. The premises considered, it...
ORDER CURTIS V. G MEZ , District Judge . On October 24, 2018, the Court held an evidentiary hearing in this matter. At the conclusion of that hearing, the Court held a post-hearing conference in chambers. At that conference, the parties agreed that there was a need to provide meaningful and complete information regarding: (1) the Tier 2 Analysis that is to be performed at the Anguilla and Bovoni landfills; (2) whether approval from the U.S. Army Corps of Engineers is required prior to...
ORDER CURTIS V. G MEZ , District Judge . Before the Court is the remand of the Third Circuit Court of Appeals in this matter. PROCEDURAL AND FACTUAL HISTORY On March 15, —, several individuals robbed First Imperial Jewelers ("Imperial") on St. Thomas, United States Virgin Islands. The Virgin Islands Police Department ("VIPD") was alerted to the robbery by an alarm being activated at Imperial. A chase of the suspects ensued. VIPD observed and radioed the location and direction of the...
ORDER CURTIS V. G MEZ , District Judge . On October 15, 2018, the Court held a suppression hearing in this matter. At the conclusion of that hearing, the Court held a post-hearing conference in chambers. At that conference, the parties addressed the admissibility of Teron Stevens's FEMA Application/Registration for Disaster Assistance form ("FEMA Application"). The Government seeks to introduce Teron Stevens's FEMA application. Teron Stevens seeks to suppress his FEMA application. The...
ORDER CURTIS V. G MEZ , District Judge . On July 6, 2018, the Court appointed Chief Robert McNeilly as an expert on police practices. Chief McNeilly was ordered to report to the Court on steps that the Virgin Islands Police Department ("VIPD") could take to advance compliance with the Consent Decree entered in this case. See ECF No. 331. On August 20, 2018, the Court filed two reports authored by Chief McNeilly, which contained numerous recommendations to VIPD. ECF No. 346. At a hearing...
