Sara Lynn Doolin v. James Kasin et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 SARA LYNN DOOLIN, 5 14908 Arbor Springs Circle, Apt. #303 5 Tampa, Florida 33624, 5 2007-CV-0079 5 Plaintiffs, 5 v. 5 5 JAMES V. KASIN, M.D., GOVERNOR 5 JUAN F. LUIS HOSPITAL AND MEDICAL 5 CENTER, and GREGORY MOORMAN, 5 M.D., 5 5 Defendants. 5 __________________________________________5 TO: Alan R. Feuerstein, Esq. James L. Hymes, III, Esq. ORDER DENYING DEFENDANTS’ DEMANDS FOR COSTS SECURITY THIS MATTER came before the Court upon Defendant James V. Kasin, M.D.’s Demand For Costs Security (Docket No. 9), Defendant Governor Juan F. Luis Hospital and Medical Center’s Demand For Costs Security (Docket No. 10), and Defendant Gregory Moorman, M.D.’s Demand For Costs Security (Docket No. 11). This order is issued without necessity of response. Defendants base their said demands upon V.I. Code Ann. tit. 5, § 547. However, Judge Moore of the Division of St. Thomas and St. John, in Mossman v. Moran, Civil No. Case: 1:07-cv-00079-HB Document #: 13 Filed: 10/26/07 Page 1 of 3 Doolin v. …
Download the original document · Plain text (TXT) · Browse the archive · How this archive works
Original source: https://www.govinfo.gov/content/pkg/USCOURTS-vid-1_07-cv-00079/pdf/USCOURTS-vid-1_07-cv-00079-0.pdf
SHA-256 3ae49536cac5379e27b1ed6a1b94dada7e8bf064d21ad916cbc874face0dd286
Re-using this document
two independent grounds: a work of the United States Government under 17 USC 105, AND a judicial opinion, which is an edict of government and uncopyrightable by anyone including the court that wrote it
Our description, tagging, arrangement, extracted text and machine transcripts are released under CC0 1.0. We assert nothing about the document itself.
Archive identifier LF-3ae49536cac5
Document text
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 SARA LYNN DOOLIN, 5 14908 Arbor Springs Circle, Apt. #303 5 Tampa, Florida 33624, 5 2007-CV-0079 5 Plaintiffs, 5 v. 5 5 JAMES V. KASIN, M.D., GOVERNOR 5 JUAN F. LUIS HOSPITAL AND MEDICAL 5 CENTER, and GREGORY MOORMAN, 5 M.D., 5 5 Defendants. 5 __________________________________________5 TO: Alan R. Feuerstein, Esq. James L. Hymes, III, Esq. ORDER DENYING DEFENDANTS’ DEMANDS FOR COSTS SECURITY THIS MATTER came before the Court upon Defendant James V. Kasin, M.D.’s Demand For Costs Security (Docket No. 9), Defendant Governor Juan F. Luis Hospital and Medical Center’s Demand For Costs Security (Docket No. 10), and Defendant Gregory Moorman, M.D.’s Demand For Costs Security (Docket No. 11). This order is issued without necessity of response. Defendants base their said demands upon V.I. Code Ann. tit. 5, § 547. However, Judge Moore of the Division of St. Thomas and St. John, in Mossman v. Moran, Civil No. Case: 1:07-cv-00079-HB Document #: 13 Filed: 10/26/07 Page 1 of 3 Doolin v. Kasin 2007-CV-0079 Order Denying Defendants’ Demands For Costs Security 2004-31, 2004 WL 1664010 (D.V.I. June 1, 2004), declared that said Virgin Islands statute does not apply to a diversity action in federal court. As explained by Judge Moore, “section 547 is clearly a rule of procedure rather than substance . . . .” Mossman, 2004 WL 1664010 at *3. In Erie R.R. Co. v. Tompkins, 304 U.S. 64 (1938), the United States Supreme Court held: [E]xcept in matters governed by the Federal Constitution or by acts of Congress, the law to be applied in any case is the law of the state. And whether the law of the state shall be declared by its Legislature in a statute or by its highest court in a decision is not a matter of federal concern. Id. at 78. Judge Reed, concurring, clarified, “The line between procedural and substantive law is hazy, but no one doubts federal power over procedure.” Id. at 92 (citing Wayman v. Southard, 10 Wheat. 1, 6 L.Ed. 253). Thus, in Yohannon v. Keene Corp., 924 F.2d 1255, 1265 (3d Cir. 1991), the United States Court of Appeals for the Third Circuit articulated, “[A] federal court sitting in diversity must apply the law of the forum state to questions that are ‘substantive’ but must use federal rules to govern ‘procedural’ maters.” Id. at 92 (citing Erie, 304 U.S. at 92). Based upon the foregoing, Judge Moore concluded that Section 547 does not apply to diversity proceeding in this Court. Case: 1:07-cv-00079-HB Document #: 13 Filed: 10/26/07 Page 2 of 3 Doolin v. Kasin 2007-CV-0079 Order Denying Defendants’ Demands For Costs Security The Court agrees and previously has found Section 547 to be procedural, and not substantive, in nature. The Court further applies Judge Moore’s reasoning and, consistent with previous orders, holds that Section 547 does not apply to diversity proceedings in this Court. Accordingly, it is now hereby ORDERED 1. Defendant James V. Kasin, M.D.’s Demand For Costs Security (Docket No. 9) is DENIED 2. Defendant Governor Juan F. Luis Hospital and Medical Center’s Demand For Costs Security (Docket No. 10) is DENIED. 3. Defendant Gregory Moorman, M.D.’s Demand For Costs Security (Docket No. 11) is DENIED. ENTER: Dated: October 26, 2007 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:07-cv-00079-HB Document #: 13 Filed: 10/26/07 Page 3 of 3