Banco Popular de Puerto Rico v. Gardner et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN BANCO POPULAR DE PUERTO RICO, Plaintiff, v. STEVE GARDNER a/k/a STEVE G. GARDNER a/k/a STEVEN G. GARDNER; FAYE LEUNG; UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE; and THE BOARD OF DIRECTORS OF THE PALM GARDEN CONDOMINIUM OWNERS ASSOCIATION, Defendants. ) ) ) ) ) Civil No. 2015–75 ) ) ) ) ) ) ) ) ) ) ATTORNEYS: Lisa Michelle Komives, Esq. Dudley Topper & Feuerzeig St. Thomas, VI For Banco Popular de Puerto Rico, Ronald Sharpe, USA Jocelyn Hewett, AUSA United States Attorney’s Office St. Thomas, VI For the United States, Michael Fitzsimmons, Esq. Duensing & Casner St. Thomas, VI For the Board of Directors of the Palm Garden Condominium Owners Association. Clive Rivers, Esq. Law Offices of Clive Rivers St. Thomas, VI For Faye Leung, Steven Gardner Pro se. Case: 3:15-cv-00075-CVG-RM Document #: 30 Filed: 08/12/16 Page 1 of 3 Banco Popular de Puerto Rico v. Gardner, et. al. 15-cv-75 Order ORDER GÓMEZ, J. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN BANCO POPULAR DE PUERTO RICO, Plaintiff, v. STEVE GARDNER a/k/a STEVE G. GARDNER a/k/a STEVEN G. GARDNER; FAYE LEUNG; UNITED STATES OF AMERICA, DEPARTMENT OF JUSTICE; and THE BOARD OF DIRECTORS OF THE PALM GARDEN CONDOMINIUM OWNERS ASSOCIATION, Defendants. ) ) ) ) ) Civil No. 2015–75 ) ) ) ) ) ) ) ) ) ) ATTORNEYS: Lisa Michelle Komives, Esq. Dudley Topper & Feuerzeig St. Thomas, VI For Banco Popular de Puerto Rico, Ronald Sharpe, USA Jocelyn Hewett, AUSA United States Attorney’s Office St. Thomas, VI For the United States, Michael Fitzsimmons, Esq. Duensing & Casner St. Thomas, VI For the Board of Directors of the Palm Garden Condominium Owners Association. Clive Rivers, Esq. Law Offices of Clive Rivers St. Thomas, VI For Faye Leung, Steven Gardner Pro se. Case: 3:15-cv-00075-CVG-RM Document #: 30 Filed: 08/12/16 Page 1 of 3 Banco Popular de Puerto Rico v. Gardner, et. al. 15-cv-75 Order ORDER GÓMEZ, J. Before the Court is the proposed Consent Judgment between the plaintiff, Banco Popular de Puerto Rico (“Banco Popular”), and the defendants, Steve Gardner a/k/a Steve G. Gardner a/k/a Steven G. Gardner (“Gardner”); Faye Leung; the United States of America, Department of Justice; and the Board of Directors of the Palm Garden Condominium Association. The premises considered, it is hereby ORDERED that the Consent Judgment, docketed at ECF No 25-1, is APPROVED provided that: 1. the judgment awarded to Banco Popular shall be reduced by the total amount of attorney’s fees and costs sought: $8,605.93. Any award of reasonable attorney’s fees and costs may only be made upon proper application to the Court, consistent with Title 5, section 541 of the Virgin Islands Code; 2. the interest awarded to Banco Popular shall be reduced proportionately to reflect the exclusion of attorney’s fees and costs from the judgment; 3. only Banco Popular shall be awarded a money judgment on its debt claim; Case: 3:15-cv-00075-CVG-RM Document #: 30 Filed: 08/12/16 Page 2 of 3 Banco Popular de Puerto Rico v. Gardner, et. al. 15-cv-75 Order 4. notice of the Marshal’s sale shall be published once a week for at least four (4) consecutive weeks prior to the sale in a newspaper regularly issued and of general circulation in the U.S. Virgin Islands, which uses newsprint; and 5. in accordance with Title 5, section 489 of the Virgin Islands Code, “[i]f, after the satisfaction of the judgment, there are any proceeds of the sale remaining, the clerk shall pay such proceeds to the judgment debtor . . . .” Id.; it is further ORDERED that the trial setting in this matter is VACATED; it is further ORDERED that all pending motions in this case are MOOT; and it is further ORDERED that the Clerk of the Court shall CLOSE this case. S\ CURTIS V. GÓMEZ District Judge Case: 3:15-cv-00075-CVG-RM Document #: 30 Filed: 08/12/16 Page 3 of 3