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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN FIRSTBANK VIRGIN ISLANDS Plaintiff ) CASE NO. ST-07-CV-0000214 ACTION FOR: DEBT AND FORECLOSURE VS PATRICK ANTHONY Defendant NOTICE OF ENTRY OF MEMORANDUM OPINION AND ORDER TO: RICHARD H. DOLLISON, ESQUIRE JOSEP CAINES, ESQUIRE IT DIVISION Please take notice that on April 17, 2015 a(n) MEMORANDUM OPINION AND ORDER dated April 15, 2015 was entered by the Clerk in the above-entitled matter. Dated: April 17, 2015 Estrella H. George ting Clerk of ourt PAULA CLAXTON COURT CLERK II SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN FIRSTBANK VIRGIN ISLANDS, ) Plaintiff, VS. CASE NO. ST-07-CV-214 PATRICK ANTHONY, Defendant. ) ) ORDER The Court having issued a Memorandum Opinion on this date, it is ORDERED that Plaintiff's renewed motion for summary judgment is DENIED; and it is ORDERED that a final pretrial conference is scheduled for Monday, May 18, 2015, at 11:15 a.m., at which time the parties shall submit trial briefs, witness lists, and exhibit lists; and it is ORDERED that a bench trial is scheduled for Monday, June 22, 2015, at 9:00 a.m., and it is ORDERED that a copy of this Order and the accompanying Memorandum Opinion shall be directed to counsel of record and to the Superior Court’s IT Division. Dated: April /S, 2015 — (ae * HON. MICHAEL C, DUNSTON ATTEST: Estrella George JUDGE OF THE SUPERIOR COURT SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN FIRSTBANK VIRGIN ISLANDS, ) ) Plaintiff, ) ) ) vs. ) CASE NO. ST-07-CV-214 ) PATRICK ANTHONY, ) ) Defendant. ) ) MEMORANDUM OPINION Pending before the Court is Plaintiff's renewed motion for summary judgment. For the following reasons, Plaintiffs motion will be denied. FACTUAL AND PROCEDURAL HISTORY On June 11, 2010, this Court granted Plaintiff summary judgment on its claims in this debt action. On January 17, 2013, the Supreme Court of the Virgin Islands reversed that decision determining that there was a genuine issue of material fact as to whether Defendant had satisfied his obligations under the note and mortgage. The Supreme Court’s decision turned on a 1098 tax form generated by Plaintiff which indicated that Defendant had no remaining balance under the loan. Plaintiff has now submitted a renewed motion for summary judgment. STANDARD Rule 56 of the Federal Rules of Civil Procedure, made applicable to the Virgin Islands Superior Court through Rule 7 of the Rules of the Superior Court, provides that Firstbank v. Anthony ST-07-CV-214 Memorandum Opinion, April 15, 2015 summary judgment is appropriate only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” In considering a motion for summary judgment, a court must “draw ... all reasonable inferences from the underlying facts in the light most favorable to the non- moving party.”! An issue is “genuine” if a reasonable jury could possibly hold in the non- movant’s favor with regard to that issue.” ANALYSIS Plaintiff argues it is now entitled to summary judgment based on the affidavit of Dina Perry, Vice President at FirstBank Virgin Islands. Perry indicates that a “corrected 1098 form is being prepared” by Plaintiff.* In its reply to Defendant’s opposition to Plaintiff's motion, Plaintiff submitted a “corrected” 1098 form indicating that Plaintiff still owes $66,580.44 in principal, as well as another affidavit by Perry attesting to the accuracy of the “corrected” form. Perry’s affidavits and the “corrected” 1098 tax form simply bolster the affidavit of Paula Edwards, Vice President and Operations Manager at Firstbank Virgin Islands, which states that the 1098 form incorrectly indicated that Defendant’s remaining balance under the loan was $0.00. However, the Supreme Court determined that, despite Edward’s affidavit, an inference should be drawn from the original 1098 tax form that Defendant was * Battaglia v. McKendry, 233 F.3d 720, 722 (3d Cir. 2000). * Andersen y. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). * See affidavit attached to the renewed motion for summary judgment, at page 1. Firstbank v. Anthony ST-07-CV-214 Memorandum Opinion, April 15, 2015 not in default under the note.‘ And, this Court may not weigh the evidence at this stage in the proceeding. Because Perry’s affidavits and the corrected 1098 tax form do not establish that there is no genuine issue of material fact concerning the outstanding debt, Plaintiff's motion for summary judgment must be denied. An Order consistent with this Opinion shall follow. Dated: April/S~, 2015 a HON. MICHAEL C. DUNSTON ATTEST: Estrella George JUDGE OF THE SUPERIOR COURT Act erk of Court —, / / OF THE VIRGIN ISLANDS by VA’. CO Donna Donovan Court Clerk Supervisor HAT 20S * See Anthony v. Firstbank, 58 V.1. 224, 234 (V.I. 2013).