Francis, Winston , Jr. v. Bank of Nova Scotia
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 WINSTON FRANCIS, JR., as the personal 5 representative of the Estate of Winston 5 Francis, Sr.[,] and as the administrator of the 5 2006-CV-0082 Estate of Winston Francis, Sr., 5 5 Plaintiff, 5 5 v. 5 5 BANK OF NOVA SCOTIA, 5 5 Defendant. 5 __________________________________________5 TO: Joel H. Holt, Esq. James Bernier, Jr., Esq. ORDER REGARDING PLAINTIFF’S MOTION FOR SANCTIONS THIS MATTER came before the Court upon Plaintiff’s Motion For Sanctions (Docket No. 169). Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto. Plaintiff seeks sanctions pursuant to LRCi 3.2(f)(2), alleging that a representative of the insurance carrier for Defendant was not present at either the first or the second mediation held in this matter as required by LRCi 3.2(f)(2)(B). While Defendant admits that Defendant has excess insurance coverage, its primary insurance is provided by ScotiaInsurance which is wholly owned by Defendant. Response in Opposition at 1. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX 5 WINSTON FRANCIS, JR., as the personal 5 representative of the Estate of Winston 5 Francis, Sr.[,] and as the administrator of the 5 2006-CV-0082 Estate of Winston Francis, Sr., 5 5 Plaintiff, 5 5 v. 5 5 BANK OF NOVA SCOTIA, 5 5 Defendant. 5 __________________________________________5 TO: Joel H. Holt, Esq. James Bernier, Jr., Esq. ORDER REGARDING PLAINTIFF’S MOTION FOR SANCTIONS THIS MATTER came before the Court upon Plaintiff’s Motion For Sanctions (Docket No. 169). Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto. Plaintiff seeks sanctions pursuant to LRCi 3.2(f)(2), alleging that a representative of the insurance carrier for Defendant was not present at either the first or the second mediation held in this matter as required by LRCi 3.2(f)(2)(B). While Defendant admits that Defendant has excess insurance coverage, its primary insurance is provided by ScotiaInsurance which is wholly owned by Defendant. Response in Opposition at 1. Case: 1:06-cv-00082-RLF-GWC Document #: 186 Filed: 06/11/08 Page 1 of 2 Francis v. The Bank of Nova Scotia 2006-CV-0082 Order Denying Plaintiff’s Motion For Reconsideration Defendant further maintains that the party representative who was in attendance at both mediations was “authorized to act on behalf of ScotiaInsurance and the excess carriers at mediation.” Id. at 2. Based upon the representations of Defendant, that its representative had full authority to settle the matter without further consultation, the Court finds that Defendant did not violate the requirements of LRCi 3.2(f)(2). Accordingly, it is now hereby ORDERED Plaintiff’s Motion For Sanctions (Docket No. 169) is DENIED. ENTER: Dated: June 11, 2008 /s/ GEORGE W. CANNON, JR. U.S. MAGISTRATE JUDGE Case: 1:06-cv-00082-RLF-GWC Document #: 186 Filed: 06/11/08 Page 2 of 2