Mark Vitalis, v. Sun Constructors, Inc.

DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
IDONA WALLACE 5 1:02-cv-107
5
v. 5
5
KMART CORPORATION 5
__________________________________________5
5
ERROL STANLEY, NIGEL CHARLES, 5 1:03-cv-55
MELVIN NEAL, JOSEPH SONNY, 5
WRANDA DAVIS 5
5
v. 5
5
ST. CROIX BASIC SERVICES, INC., BASIC 5
INDUSTRIES, INC., HOVENSA, L.L.C., and 5
AMERADA HESS CORPORATION 5
__________________________________________5
5
FORREST THOMAS 5 1:03-cv-163
5
v. 5
5
CENTENNIAL COMMUNICATIONS 5
CORP., CENTENNIAL CARIBBEAN 5
HOLDING CORP., and CENTENNIAL 5
USVI OPERATIONS CORP. 5
__________________________________________5
5
MARK VITALIS, 5 1:05-cv-101
5
v. 5
5
SUN CONSTRUCTORS, INC., RICHARD 5
“DOC” LANGNER, and EXCEL GROUP, 5
INC. 5
__________________________________________5
Case: 1:05-cv-00101-WAL-EAH Document #: 659 Filed: 08/26/10 Page 1 of 5

Wallace v. Kmart Corp.
1:02-cv-107
Order Denying Plaintiffs’ Motion to Vacate
Page 2
5
PATRICE CANTON 5 1:05-cv-143
5
v. 5
5
KMART CORPORATION 5
__________________________________________5
5
GLENFORD RAGGUETTE 5 1:06-cv-173
5
v. 5
5
PREMIER WINES AND SPIRITS, LTD. 5
__________________________________________5
5
TERRANCE ALEXIS 5 1:07-cv-91
5
v. 5
5
HOVENSA, L.L.C., and HESS f/k/a 5
Amerada Hess Corporation 5
__________________________________________5
5
HELEN JAMES-STEELE 5 1:04-CV-123
5
v. 5
5
FORD MOTOR COMPANY 5
__________________________________________5
TO: See attached distribution list
ORDER DENYING PLAINTIFFS’ MOTION TO VACATE AUGUST 17, 2010[,]
DISCOVERY ORDERS IN COMPLIANCE WITH AUGUST 13, 2010[,] ORDER OF
THE THIRD CIRCUIT COURT OF APPEALS
Case: 1:05-cv-00101-WAL-EAH Document #: 659 Filed: 08/26/10 Page 2 of 5

Wallace v. Kmart Corp.
1:02-cv-107
Order Denying Plaintiffs’ Motion to Vacate
Page 3
THIS MATTER came before the Court upon Plaintiffs’ Motion to Vacate August 17,
2010[,] Discovery Orders in Compliance with August 13, 2010[,] Order of the Third Circuit
Court of Appeals (1:02-cv-107, Docket No. 294). Defendant Kmart Corporation filed an
opposition to said motion, and Plaintiffs filed a reply thereto.
Being advised in the premises and upon due consideration thereof, the Court finds
that Plaintiffs’ motion is without merit and, consequently, will deny the motion.
With regard to the order (1:02-cv-107, Docket No. 285 (identified by Plaintiffs in their
motion as Case No. 2003/163, Doc. No. 260)) ruling upon Plaintiffs’ Motion For Protective
Order and to Sequester Witnesses, the Court finds that the order does not violate the order
of the Third Circuit dated August 13, 2010, and entered in these matters on August 17,
2010. It is clear from the order that Judge Savage signed and dated that order on August
12, 2010; hence, before the Third Circuit’s decision. It would appear that, as the chambers’
staff who normally docket Judge Savage’s orders were attending a court-related forum on
that date and were unavailable to docket the order immediately, docketing of the order
was delayed until such time that a Deputy Clerk was informed of its readiness and
available to perform the task. Thus, the Court finds that the order was issued prior to the
entry of the Third Circuit order and is not in violation thereof.
Case: 1:05-cv-00101-WAL-EAH Document #: 659 Filed: 08/26/10 Page 3 of 5

Wallace v. Kmart Corp.
1:02-cv-107
Order Denying Plaintiffs’ Motion to Vacate
Page 4
The other order with which Plaintiffs take issue also does not violate the Third
Circuit’s August 13, 2010, order. That order (1:02-cv-107, Docket No. 286) addresses
Plaintiffs’ failure to comply with a previous order of the Court. Nothing in the order of the
Third Circuit stays, vacates, alters, amends, or modifies any orders, decisions, or rulings
made by Judge Savage prior to the date of its order directing him to refer all discovery
matters relating to the issue of disqualification to a U.S. Magistrate Judge. Moreover,
nothing in the Third Circuit order restricts Judge Savage from enforcing or requiring
compliance with any of his previous orders, decisions, or rulings. Therefore, the order
stands.
Accordingly, it is hereby ORDERED that Plaintiffs’ Motion to Vacate August 17,
2010[,] Discovery Orders in Compliance with August 13, 2010[,] Order of the Third Circuit
Court of Appeals (1:02-cv-107, Docket No. 294) is DENIED.
ENTER:
Dated: August 26, 2010 /s/ George W. Cannon, Jr.
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:05-cv-00101-WAL-EAH Document #: 659 Filed: 08/26/10 Page 4 of 5

Wallace v. Kmart Corp.
1:02-cv-107
Order Denying Plaintiffs’ Motion to Vacate
Page 5
ECF: Lee J. Rohn, Esq.
Eugenio W.A. Geigel-Simounet, Esq.
George H. Logan, Esq.
Linda J. Blair, Esq.
Simone R.D. Francis, Esq.
David J. Cattie, Esq.
Anna H. Paiewonsky, Esq.
Stephanie L. Adler, Esq.
Daryl C. Barnes, Esq.
Case: 1:05-cv-00101-WAL-EAH Document #: 659 Filed: 08/26/10 Page 5 of 5