Ocean View Holding, LLC v. Southgate Crossing, LLC et al
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX OCEAN VIEW INVESTMENTS HOLDING, ) LLC, ) Plaintiff, ) ) vs. ) Civil Action No. 1:10-cv-14 ) SOUTHGATE CROSSING, LLC; RICK ) WILLIS, CHARLENE WILLIS; PABLO ) CRUZ, JR., AND EVELYN D. JOHANSEN- ) CRUZ, CO-TRUSTEES OF THE TRUST ) AGREEMENT OF EVELYN D. ) JOHANSEN-CRUZ. ) Defendants. ) AMBROSE, District Judge ORDER OF COURT AND NOW, this 22nd day of July, 2011, after careful consideration, the Motion to Dismiss pending at ECF Docket No. [27] is hereby DENIED as MOOT. The Motion sought the dismissal of the First Amended Complaint based upon the failure to serve Defendants Pablo Cruz, Jr. and Evelyn Johansen-Cruz and for the failure to prosecute the same. It is clear from the ensuing development of this case that these Defendants have entered their appearance and Case: 1:10-cv-00014-DWA Document #: 83 Filed: 07/22/11 Page 1 of 2 are fully participating in the litigation. See Stipulation for Late Filing of Answer, Cross-claims and Third Party Claims by Pablo Cruz, Jr. and Evelyn Johansen-Cruz, ECF Docket No. …
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IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX OCEAN VIEW INVESTMENTS HOLDING, ) LLC, ) Plaintiff, ) ) vs. ) Civil Action No. 1:10-cv-14 ) SOUTHGATE CROSSING, LLC; RICK ) WILLIS, CHARLENE WILLIS; PABLO ) CRUZ, JR., AND EVELYN D. JOHANSEN- ) CRUZ, CO-TRUSTEES OF THE TRUST ) AGREEMENT OF EVELYN D. ) JOHANSEN-CRUZ. ) Defendants. ) AMBROSE, District Judge ORDER OF COURT AND NOW, this 22nd day of July, 2011, after careful consideration, the Motion to Dismiss pending at ECF Docket No. [27] is hereby DENIED as MOOT. The Motion sought the dismissal of the First Amended Complaint based upon the failure to serve Defendants Pablo Cruz, Jr. and Evelyn Johansen-Cruz and for the failure to prosecute the same. It is clear from the ensuing development of this case that these Defendants have entered their appearance and Case: 1:10-cv-00014-DWA Document #: 83 Filed: 07/22/11 Page 1 of 2 are fully participating in the litigation. See Stipulation for Late Filing of Answer, Cross-claims and Third Party Claims by Pablo Cruz, Jr. and Evelyn Johansen-Cruz, ECF Docket No. [53] – to which the movants’ counsel consented; and the Answer to Amended Complaint, Cross-Claim and Claim Against Third Party filed by Pablo Cruz, Jr. and Evelyn Johansen-Cruz, ECF Docket No. [60]. By the Court: /s/ Donetta W. Ambrose Donetta W. Ambrose Senior U.S. District Judge Case: 1:10-cv-00014-DWA Document #: 83 Filed: 07/22/11 Page 2 of 2