IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS
                              DIVISION OF ST. CROIX

 IN RE ASBESTOS,          SILICA and                  MASTER CASE NO:          SX-22-MC-054
 CATALYST DUST CLAIMS V                           |     (Complex Litigation Division)
 (Secondary)
                                                        (Re: 92 Individual Cases‘)


                          Cite as: 2025 V! Super 17P (Published)

Appearances
J. Russell Pate, Esq
The Pate Law Firm
PO Box 890
St. Thomas, VI 00804
For Plaintiffs

Warren T. Burns, Esq., Korey A. Nelson, Esq., Daniel H. Charest, Esq., Rick
Yelton, Esq., and Chase Charbonnet, Esq
Burns Charest,     LLP
900 Jackson Street, Ste. 500
Dallas, TX 75202
For Plaintiffs

Arthur Murray Esq., Stephen Murray, Esq
The Murray Law Firm
Hancock Whitney Center
701 Poydras Street, Ste. 4250
New Orleans, LA 70139
For Plaintiffs

Ryan Stutzman, Esq
CSA Associates, P.C
1138 King Street, Ste. 100
Christiansted, VI 00820

' This Opinion addresses 92 individual cases, grouped under the above-captioned master
  case, for which Virgin Islands Industrial Maintenance Corporation seeks dismissal in its Motion
  for Judgment on the Pleadings.     The cases are reflected in Court Exhibit 1, attached to this
opinion
In Re Asbestos,     Silica and Catalyst Dust Ciaims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 2

For Defendant Virgin Islands Industrial Maintenance Corporation

Matthew R. Thibodeau, Esq
800 Londsdale Building
302 West Superior St
Duluth, MN 55802
For Defendant Virgin Islands Industrial Maintenance Corporation


                                  MEMORANDUM OPINION
                                    (Filed June 11, 2025)

     Andrews, Jr., Judge

                                           INTRODUCTION

{1         ~=~Plaintiffs, relatives of former workers at Hess Oil Virgin Islands Corporation

Refinery (“Refinery”) in St.      Croix,    bring this action for damages         against Virgin

Islands Industrial Management          Corporation     (IMC),    a refinery contractor.      They

allege     IMC   negligently exposed       their relatives to toxic substances which they

transported home on their clothing.           Plaintiffs claim they inhaled the substances

which caused them to suffer from pneumoconiosis, a lung disease.                      IMC seeks

dismissal of Plaintiffs’     claims on the grounds that they failed to properly effect

service of process upon it.?       Plaintiffs respond that any defect in serving process

was harmiess and the Court should grant them                    an extension to effect proper

service.      For the reasons mentioned herein the Court grants IMC’s request as




2 IMC also seeks dismissal based on the statute of limitations.     The Court does not address that
  issue in this opinion since it concludes dismissal for lack of proper service is warranted
in Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 3

Plaintiffs have failed to show good cause for not effecting proper service and no

justifiable reason exists to grant a discretionary extension



                                   PRELIMINARY MATTERS

12      IMC’s motion for judgment on the pleadings clearly seeks dismissal of 172

cases     listed   on its Exhibits J,      K,     M.?   Mot.     for J.    on the    Pleadings   18    ~ 19

(contending that 97 cases in Ex.                J and 71 cases in Ex.          K, should be dismissed

and 4 more in Ex. M suffer from the same deficiencies).                        Some of the cases listed

on the exhibits are grouped under the instant master.                       Others are grouped under

different master cases         (i.e.,   SX-2022-MC-007               and    SX-2022-MC-053).           At a

hearing held on May 5, 2025,             counsel for IMC clarified that it is not seeking to

dismiss     cases     other   than      those      under       the   instant    ‘master    and   ASC    IV

Accordingly,       this opinion addresses only the ninety-two (92) cases on IMC’s

exhibits grouped under the instant master case.                      See Ct.’s Ex.    1.   IMC’s motion,

to the extent that it challenges other cases (grouped under other master cases)

is thus considered stricken




3 The Court notes that IMC stated in its initial Motion that “the instant brief concerns only those
  cases that the Court assigned to ASC IV and V as of December 6, 2024.           If new cases are
  assigned and the facts and arguments fit, VIIMC will supplement the motion to dismiss
  Mot. for J. on the Pleadings 1 atn 1. However, at the May 5, 2025 hearing, it stated that its
  motion applied to all cases under the ASC IV and V master cases.         The Court thus
  construes IMC’s motion as challenging all cases referenced in its exhibits grouped under SX
  053 (ASC IV) or SX-054 (ASC V) as of the date of the hearing
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 4

q3        Further,   pursuant to Plaintiffs’ notices of voluntary dismissal,        five cases

grouped under the instant master have been dismissed (i.e.,               22-290,      22-511

22-551,     22-553 and 22-555). Ct.’s Ex. 1 at 1; Exs. J,         K; See SX-2022-CV-290

03/05/25,     CMS # 10; SX-2022-CV-511,           04/30/25,   CMS # 10; SX-2022-CV-551

04/3025,     CMS # 10; SX-2022-CV-553,           04/30/25, CMS # 10; SX-2022-CV-555

04/30/25,     CMS #10.       The Court will thus deny IMC’s motion relative to those

cases as moot.         Based on these preliminary rulings, the remaining portion of

this opinion addresses seventy-six (76) of the cases listed on IMC’s Exs. J, K

andM. See Ct.’s Ex. 1 at2-4



                                      FACTUAL BACKGROUND

4         Between May and August 2022,           Plaintiffs filed sixty-eight (68) individual

complaints against IMC.          See Ct.’s Ex. 1 at 1 - 3; IMC’s Ex.    J. The court clerk

signed, sealed, and issued summons,              on or before August 17, 2022, for all of

the complaints.       See Ct.’s Ex.   1 at2-3.     On September 29, 2022,           Plaintiffs

counsel served copies of the sixty-eight (68) complaints (via thumb drive) on

Todd Newman,          Esquire,   of the Dudley Newman and Fuerzeig law firm in St

Croix, Virgin Islands.* Mot. for J. on the Pleadings 18; Ex. J.             IMC’s     official



* Counsel actually served ninety-seven complaints on Attorney Newman. Twenty-Eight of
  them are grouped under master case SX-2022-MC-053 and are addressed in a separate
  opinion. One (22-396) is grouped under master case SX-2022-007
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 5

agent for service-of-process is George H. Logan,                                                             Esq. of the same law firm.®   Id

Ex. L.    Along with the complaints,                                  Plaintiffs’ counsel served a single summons

captioned [Clinton A. Henry (and 96 others, See Ex. A) vs. Virgin Island

industrial Maintenance Corp] containing counsel's electronic signature under the

name of the court clerk as reflected below. Id.;                                                      Ex. J



                                                           SUMMONS
                              iN ‘THE         SUPERIOR          COURT         OF        THE    VIRGIN             ISLANDS
                                                         DIVISION       OF    ST.       CRIOX

                                                                                 3        Civil No. SX~-2022-CV-S ia, 154, 182, 182
           CHtinton    A.    Henry    (and 96 others,   See Exhibit A)           >        283-286, 289-294, 296-298, 302-303, 305-354.
                                                                                 }        354-357, 359, 364-365, 367-374, 373-376, SBE
                                                                Plaintiffs,     3}        383-396

                  -                                                                        Compiex Litigation Division
           Virgin Islands Industriat Maintenance Corp.,                            }
                                                                                   >?      Action for Damages

                                                                ————)_                     JURY TRIAL DEMAND
                                                                Defendant,         }


           To                      Tedd H. Newman, Esq., agent for Virgin Islands Industrial Maintenance Corp
           Address:                Dudiey, Newman & Feuerzeig, LLP
                                   1131 King Street Christiansted, V.1. 00820
           AMithin the time limited by Law you (see mote below) you are hereby required to appear before this
           Court and answer to a complaint filed against you in this action. In case of your failure to appear
           or answer,        4 judgment       by default will be taken against you as demanded                    in the complaint

           Fhis 28th day of September                   2022.                   Yamara Charities
                                                                                Clerk of the Court
            23f Morey A, Metsu, Esq.
            Korey A. Nelson, Esq.
            4. Richard ‘Yelton, Esq
            Pues        Sa enee         ae “78                                  AT         Russell   2,   Pate,   Est.
            New Osleans,           LA 70130                                        J. Russert B. PATE, Bsa.
            Telephone: ($64) 799-2845                                              The Pate Law      Firm (V.f. Bar No: | $24)
            Feaimile: (564) 881-1765                                               P.O. Box 370,     Christiansted. USVI 00821
            kneisongé? bumscharesi.com                                             paidiias eee                     (7283)
            Fe   See        Dire   nawen icon                                          Pate@SunLawV1      com     | [email protected]

           NOTE:    The defendant,     if served personally, is required to file his answer or other defense with the Clerk
           of the Court and to serve e copy thereof upon the plaintiffs attorney, within fwenty-one (22) days aficr
           service of this summons.        See, Vi. R. Civ. Pro 12(a}(2)(A).     ‘The defendant, i? served by publication or
           by personal service outside of the jurisdiction, is required to file his answer or other defense with the
           (terk of this   Court, and 10 serve a copy thereof upon the attorney for the plaintiff, within thirty (30) days
           afier  completion       of  the    geriod  of  publication   or  personal     service outside   the  jurisdiction.
           Seo, TITLE S      V.LC. § 112 AND V.E. R. Civ. PRO 32(43(2)0) AND TITLE S VLC. § SOEE.




q5       This summons did not bear the Clerk’s signature nor the Court’s seal and




5 At the May 5, 2025 hearing, counsel for Plaintiffs stated he did not doubt that George Hunter
   Logan is the resident agent for IMC as reflected in IMC’s Ex, L.
in Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 6

was not filed with the Court.              Plaintiffs’    Exhibit A,     attached to the summons

consisted a list of 97 complaints filed with the Court (sixty-eight of which are

grouped under the instant master case).                  See Mot. for J. on the Pleadings;          Ex. J

Ct.’s Ex. 1 at      1-3.   No affidavit nor other proof of service was filed with the Court

see CMS       for Cases Listed on Ct.’s Ex.                1. On October 31,           2022,   this Court

grouped all of the 68 cases under the instant master. Order Opening Master Case

10/31/22, CMS # 1

96        Between October and November 2022,                  Plaintiffs filed twenty (20) individual

complaints against IMC.          See Ct.’s Ex.       1 at 3 - 4; IMC’s Ex.        K.    The court clerk

signed, sealed, and issued summons,                on or before November 21, 2022, for each

of the complaints.         See Ct.’s Ex.      1 at 3 - 4.         On January 10, 2023,          Plaintiffs

counsel] served copies of the twenty complaints on Attorney Newman via a thumb

drive.©    Mot. for J. on the Pleadings 18; Ex. K.                  Along therewith,    counsel served

a single summons captioned [Janice George (and 68 others, See Exhibit A) v

Virgin    Islands   Industrial    Maintenance            Corp.]     containing   counsel's     electronic

signature under the name of Court's Clerk. Id.;                   Ex.   K as shown below




® Counsel actually served seventy-one (71) complaints on Attorney Newman. Forty-Eight (48)
of them are grouped under master case SX-2022-MC-053 and are addressed in a separate
  opinion. Three (3) of them are grouped under master case SX-2022-MC-007
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 7
                                                      SUMMONS
                             IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS


                 Janie George (and 68 ots, See Exhibit A)             }   seca.              a.       S00,

                                                    Prins
                 Virgin tdands Industrial Maintenance Cozp.           }
                                                                      >    Action
                                                                              for Damages

                                                   sina               ;    JURY    TRIAL    DEMAND




                 tee SMe                               it re
                 To:            TaddH. Newman,
                                             Esq, agent for Ving, islands Industrial Maintenance Corp



                 ‘Within ibe time Hime by tw yn (see note below) yu ive hereby required to appa befie this
                 ‘Court and answer to a complaint filed against you ix this action, In case of your failure to appear
                 oF answer, a judgment by define wil be taken against you as demanded in the complalut


                 Te ht enact

                  Tease Se mous                                             Fon bart: 1129
                                                                      Fa tactar
                  Creve                                                Sengammaieoay
                  ee                                                   a
                 service ofthis summons. See,V.A, R, Cix, Pro E2a}QMA). The defendant
                                                                                 if served by publicationor
                 Coc te Cor, ctte wv sepy ace open i pay tn i wi ty doe
                 aftee comptetion of the period of publication or personal sefvicr outside the jurisdiction.
                 ~~                 panes          me      rire                                4




7         This summons did not bear the Clerk's signature nor the Court's seal and

was not filed with the Court.                                             Plaintiffs’ Exhibit A, attached to the summons

consisted of a list of 71 complaints filed with the Court (twenty of which are
grouped under the instant master case). See Mot for J on the Pleadings;                                                                           Ex. J;

Ct.’s Ex.    1 at 1,4.               No affidavit nor other proof of service was filed with the Court

See CMS for Cases Listed on Ct.’s Ex. 1 at                                                                       1,4.   On October 31, 2022, this Court

grouped one of the two of the cases (i.e.,                                                               22-465 and 22-466) under the instant

master.     Order Opening Master Case,                                                       10/31/22,                  CMS #1.   On January 9, 2023

the Court added                  17 of the 20 cases to the instant master.                                                            Order Amending

Schedule of Cases, 01/09/23, CMS #9.                                                                One more case (i.e.,            22-564) was added

to the instant master on February 27, 2025. Second Order Amending Schedule of
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 8

Cases, 03/05/25, CMS # 104

98        Between     November          10,     2022     and    April    11,      2023,   the    Court   stayed

proceedings under the instant master case and extended time for IMC to file its

answers.      Order Granting Extension Of Time to Answer and Stay of Litig. for 90

days,     11/10/22,   CMS # 6 SX-2022-MC-054;                   Order Granting Extension and Stay

for 60 days, 02/21/23, CMS # 17 SX-2022-MC-054

q9        On August 9" and 10", 2022,                  Plaintiffs filed four (4) individual complaints

against IMC.       See Ct.’s Ex.      1 at 4; IMC’s Ex. M.              The court clerk signed,          sealed

and issued summons,           by August 10, 2022, for all of the complaints. See Ct.’s Ex

1 at 4.      On    December     30,     2024,     Plaintiffs’    counsel         served   copies of the four

complaints on Attorney Newman via a thumb drive.                               Mot.   for J. on the Pleadings

19; Ex. M.        Along therewith,          counsel served a single summons captioned [Joan

Ciarke Jacqueline Romer,               Kirt Pascal, and Maria Johnson                      vs.   Virgin Islands

Industrial Maintenance Corp.] containing counsel’s electronic signature under the

name of Court's Clerk. Id.;           Ex.     M as shown below
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 9

                                                       SUMMONS
                           IN THE        SUPERIOR        COURT          OF THE             VIRGIN           ISLANDS
                                                     DIVISION OF ST. CRIOX
                                                                         } . Civil No. SX-2022-CV-352, 353, 358, 372
           Joan Clarke, Jacqueline Romer, Kirt Pascal,            and    —)
           Maria Johnson,                                                }
                                                     Plaintiffs          )
           vs                                                            )
                                                                         )              Complex Litigation Division
           Virgin Islands Industrial Maintenance Corp.,                  }
                                                                         J              Action for Damages
                                                     Defendant,          ))             JURY     TRIAL      DEMAND

           To                  Todd      H. Newman,    Esq., agent for Virgin Islands Industrial Maintenance Corp
           Address             Dudley, Newman         & Feuerzeig, LLP
                               1131 King Street, Christiansted, V.I, 00820
            Within the time limited by law you (see note below) you are hereby required to appear before this
            Court and answer to a. complaint filed against you in this action..                   In case of your failure to appear
                                                                                         complaint
           or answer, a judgment by default will be taken against you as demanded in the

            This 30th day of December 2024                               Tamara Charles
                                                                         Clerk
                                                                           of the Court
             /s/ Korey A. Nelson, Esq                              pee                             SS
                Korey  A. Nelson, Esq                             FT                    lO ETA
                H, Richard Yelton, Esq
                BURNS CHAREST LLP                                 Ks                    1 oer
                                                                                          pectey
                                                                                               RE vie. tea
                365 Canal Street, Suite 1170                                 7 RUSSEILB             omer;
                New Orleans, LA 70130                                         ri pace kus Given CHL Ber Man           1128
                Telephone:  (504) 799-2845                                         je    Pate aw Five (V1. Eber USVI
                                                                              P.O. Box 370, Christiansted,
                                                                                                                           a?
                                                                                                                  Nei | 00821
                Facsimile: (504) 881-1765
                ‘[email protected]                                     liane on           aa ile (7283)
                [email protected]                                      Pe         (888)
                [email protected]                                        ae@sunLawVi           com i SpalawVi@enmll om
            NOTE: The defendant, if served personally, is required to file his answer or other defense with the Clerk
            of the Court and to serve a copy thereof upon the plaintiff's attorney, within twenty-one (21) days after
            service of this summons.   See, V.L R. Civ. Pro 12(a}(I)(A)     The defendant, if served by publication or
            by personal service outside of the jurisdiction, is required to file his answer or other defense with the
            Clerk of this Court, and to serve a copy thereof upon the attorney for the plaintiff, within thirty (30) days
            after  completion  of the  period  of   publication or personal service outside  the                             jurisdiction
            See, TITLES V 1.C. § 112 AND V.I.R. Civ. PRO 12(AK DGB) AND TITLE SV.E Cc § 4911



{10     This summons did not bear the Clerk’s signature nor the Court's seal and

was not filed with the Court.                  No affidavit nor other proof of service was filed with

the Court. See CMS for Cases Listed on Ct.’s Ex. 1 at 4.                                          On October 31, 2022

this Court grouped all four cases under the instant master. Order Opening Master

Case,    10/31/22, CMS # 1
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 10

q11   During 2022, 2023 and 2024,          IMC noted its objection to service of process

regarding the complaints in several documents filed with the Court as follows

      1) October 27, 2022
             In a Stipulation For Extension of Time to Answer and For Stay of
             Litigation,    IMC noted,    “Insofar as this stipulation is construed as an
             appearance by Defendant VIIMC,            it is a special appearance,   with all
             rights reserved,     including,   but not limited to, service and jurisdiction
            defenses, if any.” CMS re all cases on Ct.’s Ex. A at 2 - 3 (67 cases)
            10/27/22, Stipulation For Ext. of Time 1 at n 1

      2) February 15, 2023
            In a Joint Status Report filed by the parties, IMC noted “insofar as
            this stipulation is construed as an appearance by Defendant VIIMC
            it is a special appearance, with all rights reserved in each and every
            case, including, but not limited to, service and jurisdiction defenses if
            any.” Joint Status Report 1 at n 1, 02/15/23,           CMS # 15 (SX-2022
            MC-054)

      3) August 21, 2024
            In Joint Proposed Scheduling Order, “the Parties agree[d] that IMC
            reserves all right and defenses including to the court's jurisdiction in
             any constituent case under ASC IV and \V, if such a case was not
             properly served upon IMC. The Parties agree there is no waiver of
             any such right or defense by IMC as a result of this joint submission
             Notice of Filing Joint Proposed Scheduling Order, Ex. A (SX-2022
             MC-054), Omnibus Scheduling Order 1 at n 1; 08/21/24, CMS # 20

      4) September and October 2024
             IMC filed its Answers to Plaintiffs’ complaints during September and
             October 2024. Therein it raised the affirmative defense of insufficient
             service of process and lack of jurisdiction including the lack of the
             clerk’s signature and the court's seal. Answers re all cases on Ct.’s
             Ex. A at 2 - 4, Affirmative Defenses

      5) October 11, 2024
             In a Stipulated Motion        For Extension of Time filed on October        11
             2024,    IMC    noted   it was filing the motion      “without waiver of any
             defense, including defenses to service or jurisdiction that it may have
             in any individual case.” Stipulated Mot. for Extension of Time 1 at n
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 11

                        1 10/1 1/24 CMS # 24 (SX-2022-MC-054)

           6) December 23, 2024
                 In an Unopposed Motion For Leave to File Brief Exceeding Page and
                        Word Limit, IMC noted        “as it has several times in the course of this
                        litigation, VIIMC continues to reserve its right to all defenses in all
                        constituent cases including, but not limited to service, process, and
                        jurisdiction defenses.”     Unopposed Mot. For Leave to File Br. 1 at n
                        1; 12/23/24, CMS # 43 (SX-2022-MC-054)


                           PROCEDURAL HISTORY
{112 IMC filed the instant Motion for Judgment on the Pleadings or Alternatively
For Summary Judgment on January 8, 2025. Plaintiffs opposed the motion on
February 12 2025, and IMC replied on February 28, 2025.                       On March 11       2025

this Court issued an order treating IMC's motion as one for summary judgment

The Court held a hearing on the motion on May 5, 2025 and took the matter under

advisement



                                             APPLICABLE LAW

113        Since this Court converted IMC’s Motion for Judgment on the Pleadings

summary judgment jurisprudence applies thereto.                        Under Virgin Islands law

summary judgment shall be granted                    “if the movant shows that there is no genuine

dispute as to any material fact and the movant is entitled to judgment as a matter

of law.”       V.I.R.     Civ.    P. 56(a); Machado v. Yacht Haven U.S.V.1., LLC,      
61 V.I. 373 380
    (V.I.      2014)          (stating summary   judgment   is not to be granted    unless     “the
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 12

pleadings,       discovery, and disclosures of materials on file, and any affidavits show

that there is no genuine issue of material fact.). The movant bears the burden of

demonstrating the absence of any genuine issue of material fact based upon the

record.     Aubain v. Kazi Foods of V.1.,                 LLC,         
70 V.I. 943
,    948 (V.I.    2019) (quoting

Brodhurst v. Frazier,        57 V.1.   365,       373 - 74 (V.I.               2012)).      The moving party may

meet his burden by          “pointing out that there is an absence of evidence to support

the nonmoving         party’s case.”      
Id.
       If this is done, the burden                   shifts to the non

moving      party to demonstrate with affirmative evidence from which a jury might

reasonably rule in his favor. 
Id.
                Pursuant to the Virgin Islands Supreme Court

 affirmative evidence’ means              ‘actual evidence’ and ‘not mere allegations’.”                         Basic

Svcs,     Inc.   v. Govt.   of the V.L,         
71 V.I. 652
,     659 (V.I.       2019).       In considering a

summary judgment motion,               “this Court must view all evidence in the light most

favorable        to the non-moving        party.”         
Id.
          Here,     Plaintiffs are the       non-moving

parties


                                          LEGAL ANALYSIS

414       Defendant IMC seeks dismissal of Plaintiffs’                             complaints on grounds they

failed to properly effect service of process on it since:                                a) the summonses served

did not bear the Court’s signature nor seal; b) they were not addressed nor served
In Re Asbestos,    Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 13
upon the proper agent for IMC’           c) in four of the cases           attempted service did not

occur within the requisite 120 days; d) Plaintiffs have not shown good cause for

their failure to properly serve process; and e) a discretionary extension of time to

serve is unwarranted        Mot. for J. on the Pleadings at 18 ~ 19; Reply 8.                  Plaintiffs

contend      “they fully complied with V.1.R.       Civ.    P. 4 when         serving these cases

Opp'n 14.      They set forth several arguments,           addressed below, in support of their

contention      The parties dispute raises the following potential issues

        A) Whether service of process was sufficient

         B) Whether IMC waived service of process

         C) Whether Plaintiffs have shown good cause for their failure to effect
             proper service; and

         D) Whether the issuance of a discretionary extension of time to effect
             service is warranted, if good cause is not shown

The Court addresses each of these issues and for the reasons mentioned below

concludes dismissal of Plaintiffs’ complaints is warranted

      1) Plaintiffs’ Service of Process Was Defective

115      Plaintiffs boldly assert they have fully complied with V.I.R. Civ. P. 4 when

they served the summonses            and complaints herein.           Opp'n     14.       Rule 4, which

governs     summons      and   service    of process       in the Virgin       Islands,     provides      in



7 The evidence presented, established that the person served,      i.e.,    Todd Newman,     is not the
  official resident agent for service of process on IMC.     Nevertheless, he works in the same
  law firm as the resident agent. The Court thus finds this impropriety as minor, attaches little
  weight to it as a basis for dismissal and does not address the argument further
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 14

pertinent part

                (a) Contents. A summons shall be in the name of the Superior
          Court of the Virgin Islands, and it must


                 (6) be signed by the clerk; and

                  (7) bear the Court’s seal

                 (b) issuance. On or after filing the complaint, the plaintiff may
          present a summons to the clerk for signature and seal.       if the
          summons is properly completed, the clerk must sign, seal and issue it
          to the plaintiff for service upon the defendant. A separate summons
          must be issued for each defendant to be served


                 (m) Proving Service
                 (1) Affidavit Required. Unless service is waived, proof of
          service must be made to the court

V.I.R. Civ. P. 4.      The unrebutted evidence on the record clearly establishes that

Plaintiffs woefully failed to comply with the requirements of Rule 4

416       Alithough the clerk issued     “signed and sealed”     summonses for all eighty

seven complaints,       Plaintiffs did not serve them.     Instead, they served documents

tiled     “SUMMONS,”      on September 29, 2022,         January 10, 2023,   and December

30,     2024,   that were unsigned by the clerk and did not bear the court's seal as

required by Rule 4(a)(6) and (7).         Further, the documents served bore captions

created by Plaintiffs’ counsel that do not exist in the Court's       filing system [such as

 Henry (and 96 others, See Ex. A) v. VIIMC,”             “George (and 68 others, See Exhibit

A) v. VIIMC”, and John Clarke, Jacqueline Romer, Kirt Pascal, and Maria Johnson
In Re Asbestos Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 15
v_VIIMC"]      as   they    were     never     filed      with    the     Court.        Accordingly,      these

signature/seal deficient purported summons were void ab initio and incompetent

to invoke the Court's personal jurisdiction                 Similarly Plaintiffs’ attempted service

of such unauthorized deficient summons bore no legal effect. Estate of Skepple

v. Bank of Novia Scotia,           
69 V.I. 700
,      727 (V.I     2018) (stating          [a]ny attempted

service by a method that has not been previously authorized cannot be regarded

as effective service, i.e., legal notice, and cannot bring the person within the

court's power.”).      The Court notes that Plaintiffs also failed to comply with Rule 4

by not filing any proof of service as fequired by V.LR. Civ. P A(m)(1)                             How, under

these circumstances,         Plaintiffs conceive the notion that they fully complied with

Rule 4 remains a mystery to the Court.                           Rule 4 is plain and unambiguous

Plaintiffs’ attempted service of process was woefully defective

      2) IMC Did Not Waive Service of Process

917     Even   where       service    of process          is defective,         this Court        can   acquire

jurisdiction over a defendant if he voluntarily appears.                        5 V.I.C.   § 115 (providing

 [a] voluntary appearance of the defendant shall be equivalent to personal service

of the summons upon him.”).              Under such circumstances,                     service of process is

considered     waived.        A    defendant        may      also       waive      a   personal    jurisdiction

challenge where he submits to the Court's jurisdiction by seeking affirmative relief


8 At the May 5, 2025 hearing, Plaintiffs’ counsel switched positions and conceded he did not
   technically” comply with the requirements of Rule 4
in Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 16

(e.g.,   by requesting     “that the court exercise its power to redress an independent

wrong that is alleged to have been committed by the opposing litigant.”). Pollins

v. Feurstein,       No. 2020-0099,         
2025 V.I. Supreme LEXIS 3
, at           *22 (V.I. Jan.   24

2025).       Such    affirmative   relief could take the form          of a request to disqualify

counsel,     strike inflammatory allegations,             or award    sanctions    presented    in the

motion to dismiss or answer.          
Id.
 at 23

418      Here,    IMC filed several documents             prior to filing its answer, as explained

below,     wherein they asserted service of process was defective.                  It subsequently

filed answers and again asserted service of process was defective.                      Under these

circumstances its answer is not a voluntary appearance equivalent to personal

service of summons           or a waiver thereof.           See   Club Comanche        v.   Danested

Assocs.,     Civil No. 933/1995,       
1997 V.I. LEXIS 33
, at * 6 (Terr. Ct. July 11,            1997)

(concluding       the filing of an answer did not constitute a voluntary appearance

under 5 V.I.C.        § 115 since the defendant asserted therein that service was

insufficient.).      A waiver      is an    intentional    relinquishment    of a known        right or

privilege.    Morgan v. Sundance, Inc.,           
596 U.S. 411, 417
 (2022);   Ubiles v. People

of the Virgin Islands,      
66 V.I. 572, 586
 (V.I. 2017) (citing Johnsonv. Zerbst, 304 U

 S. 458, 464 (1938)) (stating          “[a] waiver is ordinarily an intentional relinquishment

or abandonment of a known right or privilege.”).                  The multiple assertions by IMC

prior to filing and      in its answer,       that service of process was          defective clearly

establishes its intention not to waive the right to challenge service of process.                   See
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 17

Deutsche Bank Nat'l Trust Co. v. Olivier, No. 708329/16,             
2019 N.Y. Misc. LEXIS 3828
 at * 17 (Sup.      Ct. Queens Co.,     May 22, 2019) (finding no waiver where the

defendant filed an answer containing the affirmative defense of lack of personal

jurisdiction.).    Under Virgin Islands rules, a waiver of such a defense occurs when

the defendant fails to make        it by motion or include it in a responsive pleading

V.LR. Civ. P. 12(h)(1)(B).       Here,   IMC filed the instant motion challenging service

of process and included such challenge in its answer.                They also did not seek

any affirmative relief that may          be construed    as a submission      to this Court's

jurisdiction.     Accordingly,   this Court concludes        IMC   did not waive     its right to

challenge service of process

      3) Plaintiffs Have    Not Shown       Good     Cause    For Their Failure to Effect
         Proper Service of Process

419      Virgin Islands Civil Rule 4(n) governs motions to dismiss for lack of service

In pertinent part it provides

           Time Limits for Service.        If a defendant is not served within 120
        days after the complaint is filed, the court — on motion or on its own
        after notice to the plaintiff - must dismiss the action without prejudice
        against that defendant or order that service be made within a specified
        time.  But if the plaintiff shows good cause for the failure,         the court
        must extend the time for service for an appropriate period

V.I.R. Civ. P. 4(n).     Here,   Plaintiffs have failed to effect service of process within

120 days of filing any of the complaints.          This is evident as no proper service has

been made to date, and the complaints were filed since 2022 (i.e.,            over two years

ago).    The last complaint was filed November 15, 2022.             See Ct.’s Ex.     1.   Even
In Re Asbestos,    Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 18

considering the five-month stay (i.e.,               from November 2022 thru Apr.            2023),   the

120-day service deadline expired around August 16, 2023 at the latest.                        Pursuant

to Rule 4, this Court must dismiss Plaintiffs’ complaints without prejudice unless

a) good cause is shown for the failure to timely serve; or b) a discretionary

extension to effect service within a specified time is warranted.                Ross v. Hodge, 58

V.1. 292,   310 (V.1. 2013) (stating “absent proper service,              a case must be dismissed

for lack of personal jurisdiction over the defendant’;              and     “[ejven if the court finds

that no good      cause         exists to warrant        an extension,    the court must        at least

consider whether any other factors warrant a discretionary extension.”)

420     Good cause equates to excusable neglect and requires a demonstration of

good faith on the part of the party seeking an extension of time to serve and some

reasonable basis for noncompliance with the rules.                   Beachside Assocs.,          LLC v

Fishman,     53 V.1.700,        713 (V.I. 2010).       This Court considers three factors when

determining     the existence             of good   cause:   1) reasonableness      of the plaintiff's

efforts to serve; (2) prejudice to the defendant by lack of timely service;                     and (3)

whether plaintiff moved for an enlargement of time to serve prior to the expiration

of the period prescribed by Rule 4. Ghirawoo v. John-Baptiste,                     
74 V.I. 185
,    190

(Super. Ct. 2021);    Seaborne
                             V.I. Inc. v. Kurg,              No. SX-14-CV-312,      2015 V.1. LEXIS

88, at * 2, (Super. Ct. July 22, 2015); Heyliger v. Caribbean Cinemas,                   64 V.1. 143

147 (Super. Ct. 2016); See also Beautyman v. Laurent, No. 20-1171,                           2020 U.S

App.   LEXIS 31210,        at     **6 -    **7 (3d Cir. Oct. 1, 2020) (interpreting almost identical
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 19

F.R. Civ. P. 4(m)).          Plaintiffs’ reason for not serving the defendant “within the 120

day period is of paramount                  importance.”       Beachside,       53 V.I.        at 713;     Chiang      v

United States SBA, No. 07-2686, 
2009 U.S. App. LEXIS 9668
, at * 115 (3d Cir

May    4,     2009)    (stating     “the     ‘primary focus’      in the good       cause           inquiry is on a

plaintiff's reasons for noncompliance with the time limit in the first place.”)

121         Here, Plaintiffs’ efforts to serve process on IMC was far from reasonable

They        deliberately         executed       a     shorthand      maneuver,            to     circumvent          the

unambiguous requirement of Rule 4, by serving a single unauthorized counsel

created summons referencing numerous complaints.                                Such conduct constituted

a flagrant       violation       of Rule       4 which        requires     plaintiffs     to serve         individual

summonses issued by the court for each complaint.                             Plaintiffs provided no basis

for such conduct in their opposition.                     However,       at the May 5, 2025 hearing (for

the first time), they claim their goal was to not waste the clerk’s time or overburden

the court.        This argument             is unavailing for two reasons.                 First,     it definitively

establishes that Plaintiffs’               conduct was not the result of accident,                       mistake,     or

negligence.           Instead,     it stemmed          from    a deliberate       intention         to ignore       well

established rules of procedure.                     Second,   their efforts spared the court no burden

since the clerk had already prepared                      and issued valid summons                    for all of the

complaints before Plaintiffs’ attempted service of the deficient summonses.                                         See

Ct.’s Ex. 1 at 2 - 4 (Set 2).                Accordingly,      the first factor, the reasonableness of

Plaintiffs’ efforts or reason for not effecting timely service, weighs against a finding
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 20

of good cause

qJ22   IMC contends they are prejudiced by Plaintiffs’ defective service since this

case   concerns       decades         old   factual     allegations,     and   each     passing      year

compounds their difficulty in defending the cases.                  Reply 9.     They claim relevant

witnesses    pass     away      and    potential      third-party   defendants    may    dissolve,     go

bankrupt or change ownership as recently occurred with the dissolution of St

Croix Basic Services. 
id.
         The Court recognizes some substance to this argument

as time is always a factor, and a finding of good cause coupled with an extension

to effect proper service will cause more delays.                    The Court notes however that

IMC received actual notice of Plaintiffs’ complaints years ago when service was

attempted.       Accordingly,     the Court finds this factor as neutral

924    The third factor weighs against a finding of good cause.                       Plaintiffs never

sought an extension of time to effect proper service until February 2025 after IMC

filed their Motion for Judgment on the Pleadings.                      This was two years and four

months after IMC first alerted them                (in a stipulation for extension of time filed

October 27, 2022) that it was raising a service of process defense, and one year

nine months after the 120-day period for service expired in August 2023 for the

last complaint filed (excluding the two filed in November 2024)

q25    In sum,      none of the factors weigh             in favor of finding good      cause for an

extension.       Even if the prejudice factor was considered to weigh in favor of an

extension,   “the absence of prejudice alone can never constitute good cause to
in Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 21

excuse late service.”        Beachside,         53 V.I. at 713.   The Court's     “primary focus is on

the plaintiff's reasons for not complying with the time limit in the first place.”                Id

(citing MCI Telecomms.          Corp.     v. Teleconcepts, Inc.,         
71 F.3d 1068
,   1097 (3d Cir

1995)).      Under the circumstances, Plaintiffs have failed to meet their burden to

show good cause for their failure to properly serve IMC

      4) A Discretionary Extension Of Time Is Not Warranted

{26       Plaintiffs contend they are entitled to a discretionary extension of time to

perfect service since any violation is a mere technicality and IMC has not been

prejudiced.      The Virgin Islands Supreme Court has mandated trial courts, in the

absence of good cause,           to consider whether any additional factors warrant an

extension of time to effect proper service.                 Beachside,     53 V.I. at 716 - 18 (citing

Petrucelli v.     Bohringer and         Ratzinger,      
46 F.3d 1298, 1306
 (3d Cir.   1995)).     In

deciding whether to grant a discretionary extension this Court considers several

factors     as   indicated    below.      Id.     at 718    (explaining    that in determining         the

appropriateness of a discretionary extension, courts should consider: whether the

statute of limitations would bar the refiled action;                  and whether the defendant

evaded service or concealed a defect in attempted service.)

          A) Prejudice to the Defendant

427       As explained above in Section 3, the Court finds the prejudice to IMC

resulting from Plaintiffs’ defective service,               to be minimal.      However,    there is a

separate prejudice that would result from the grant of an extension.                     As explained
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 22

below,    a dismissal would end the litigation since the statute of limitations would

likely bar the refiling of Plaintiffs’ claims.      It would in effect be a dismissal with

prejudice.     The grant of an extension         would   deny   IMC the benefit of such                 a

dismissal thus resulting in prejudice to it

         B) Expiration of the Statute of Limitations

q28      Plaintiffs filed their last complaint on November          15,     2022.       All of them

involve personal      injury claims governed      by a two-year statute of limitations.                 5

V.I.C. § 31(a)(5).     Their causes of action wouid thus have arisen no later than the

date of filing the complaints,     and the statute of limitations would have expired no

later than 2024.      It is thus apparent that, if dismissed,    Plaintiffs would be barred

from refiling their claims.       The Court is aware of this consequence and,                    finds

nevertheless that it does not justify an extension of time after consideration of all

the factors. See Beachside,       53 V.I. at 716 - 18 (concluding         “the trial court may still

deny a discretionary extension of time even if the statute of limitations would bar

a plaintiff from refiling its claims.”), citing Petrucelli, 
46 F.3d at 1306

         C) Evasion of Service by IMC

429      Plaintiffs concede     there is no evidence     IMC    evaded       service.    Opp’n     17

Nevertheless,      they argue

         IMC did wait years after Plaintiffs filed and served these
         Complaints, providing ample opportunity for IMC to raise any
         alleged service deficiency long before it filed its answers
         Instead, IMC remained silent, engaged in scheduling, and
         actively participated in this litigation for over two years -- only
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 23

           now springing a purely technical objection.        . Had IMC voiced its
           concern in a timely manner;       the parties could have resolved it
           without burdening the Court

Id.
      This argument is based on demonstrably false assertions.                  The record is

clear that IMC in fact raised the service deficiency issue long before it filed its

answers.         It first raised the service deficiency issue on October 27, 2022.              IMC

again raised the issue five times between January 2023 and December 2024

Under these circumstances, there was no evasion of service or improper silence

on the part of IMC.°
           D) Concealing a Defect in Attempted Service

930        Nothing in the record shows that IMC concealed              any defect in Plaintiffs

attempted        service.    To the contrary they revealed         the defect many      times      as

related above

           E) Promptness In Requesting An Extension

q31        IMC first put Plaintiffs on notice of a potential service deficiency on October

27, 2022 through a footnote in a Stipulated Motion for Extension of time filed in all

sixty-seven service-challenged cases filed by that date.              At that time, the 120-day

period for service of process had not yet expired in sixty-six of them.             See Ct.’s Ex

1 at 2-3.         For the next two years it noted its objection to service of process on




° The Court further notes there has been no extensive litigation in this matter.   No dates were
      set regarding the litigation until issuance of a case management order on January 28, 2025
      after IMC filed the instant motion
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 24

five occasions in the instant master wherein almost all of the cases considered

herein were grouped.               Yet,    Plaintiffs failed to seek an extension.             Their belated

request, after IMC filed its motion for judgment on the pleadings,                         was not prompt

           F) Actual Notice

32        The only factor that arguably mitigates in favor of an extension is that IMC

received      actual    notice of Plaintiffs’           complaints.      The   Virgin    Islands Supreme

Court, however, has made clear that ‘constructive service without authorization is

not legal notice;       instead,     attempts at such service are regarded as if no attempt

was   made      to achieve         service.”        Skepple,   69 V.I.    at 735.       Although   Plaintiffs

attempted      service gave actual notice,                 it was    “not effective to allow a court to

exercise power over a person.”                 Id

          G) Plaintiffs’ Reason For Not Effecting Proper Service

433       This Cout heavily weighs Plaintiffs’ reasons for not timely effecting proper

service.      As noted above,             Plaintiffs,   at the May 5, 2025          hearing,   claimed their

reason for not following Rule 4 was to spare the burden on the court clerks.                               As

commendable as this goal may be, it is seriously undermined when one considers

Plaintiffs’ rationale

934       To achieve Plaintiffs’          purported intent,         one would expect counsel to have

filed the     “burden saving”         summary summonses with the clerk to be signed and

sealed.       Instead, counsel filed the normal single summons in each of the eighty

seven cases.           The clerk then signed,            sealed,     and issued all of them.       A month
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 Vi Super 17P
Memorandum Opinion
Page 25

or more later, counsel then served the three unauthorized summary summonses

on IMC and never filed them with the Court.                             How this procedure could have

saved court time defies logic as the clerk had already prepared the summonses

935       Plaintiffs’     counsel further argued that every modern court,                            at least post

2010,     falls on       the     side    that a signed       and      sealed   summons          with    a modern

electronic docket is anachronistic                 and that he complied with the common practice

across      the    United        States.’°       Although     he did not comply               with     Rule 4,    he

contended          it was just a technical defect.                   In other words,     counsel unilaterally

chose to ignore Virgin Islands rules,                      which he deems          antiquated,          and follow

foreign jurisprudence.                  This Court will not condone a trend that permits lawyers

to choose to follow foreign (so called                      “modern”) jurisprudence over clear and

unambiguous             Virgin    Islands      rules when     it suits them.           Such    is a dangerous

practice that abrogates the purpose of order for which rules are promuigated;                                    and

is blatantly insulting.            The Virgin Islands Supreme Court,               not lawyers, regulates

the rules of practice for Virgin Islands courts

436       Having considered the above factors, this Court finds no reasonable basis

to grant a discretionary extension of time to effect proper service.                                 The defective

service      did   not     stem         from   technical    error,     accident,   or    negligent        conduct

Plaintiffs’ counsel knew or should have known of the potential consequences of




*© Counsel made these statements at the May 5, 2025 hearing
In Re Asbestos,   Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 26

serving unauthorized     summonses      and chose to do so anyway.          Such conduct

mitigates against awarding them an extension of time to effect proper service

Accordingly, this Court, having considered the totality of circumstances,         declines

to issue a discretionary extension of time to effect proper service.    See Lawrence

v. Clarke,   No. SX-14-CV-314,     2015 V.1.   LEXIS 142, at * 7 (Super. Ct. Dec.      15

2015) (dismissing complaint for failure to timely serve where the plaintiff was on

notice of the risk of dismissal and the statute of limitations barred refiling)



                                       CONCLUSION

37     Having considered the evidence presented,       this Court finds that there is no

genuine issue of material fact concerning the issues raised by IMC’s motion for

summary judgment.        For the reasons stated above,    the Court further concludes

that: 1) Plaintiffs have failed to meet their burden to prove,   by a preponderance of

the evidence,     that service of process was     valid and hence    have    not properly

invoked this Court's jurisdiction over it. Skepple , 69 V.I. at 731 ; 2) IMC did not

waive this Court’s personal jurisdiction over it; 3) Plaintiffs have failed to show

good cause to warrant an extension of time to effect proper service;        and 4) under

the circumstances,    a discretionary extension of time to serve is not warranted

938    As explained at the beginning of this opinion, the Court will: 1) strike IMC’s

motion to the extent it challenges cases        not grouped   under the instant master

case; and 2) deny,    as moot,   IMC’s motion to the extent it applies to cases already
In Re Asbestos, Silica and Catalyst Dust Claims V, SX-22-MC-054
2025 VI Super 17P
Memorandum Opinion
Page 27
dismissed,   i.e.,   22-290, 2-511,   22 551   22-553 and 22-555.   An order consistent

herewith will be entered contemporaneously



DATE:   June 11, 2025                                              =
                                                   ALPHONSO G. ANDREWS,        JR
                                                        Superior Court Judge


ATTEST:
TAMARA CHARLES

COURT he i
DATE                 me
                    IN RE ASCD V CLAIMS (Secondary)
                      COURT EXHIBIT 1
           DOCKET CHART FOR 2022-MC-054 (92 Cases)'
 CASE  | COMPLAINT SUMMONS                         SERVICE               ANSWER        iIMC’s
NUMBER     FILED    ISSUED                       ATTEMPTED                 FILED      EX.NO

                                      SET 1 (5 Cases)

22-290         08/02/22       Dismissed 03/05/25                                         J
22-511         11/11/22       Dismissed 04/30/25                                         K
22-551         11/15/22       Dismissed 04/30/25                                         K
22-553         11/14/22       Dismissed 04/30/25                                         K
22-555         11/15/22       Dismissed 04/30/25                                         K




' The dates of filing the complaints, issuance of summons and filing of answers were derived
   from the CMS for the individual cases listed that are grouped under Master Case SX-2022
   McC-054. The dates of attempted service were derived from IMC’s Exhibits J, K and M
   attached to their Motion for Judgment on the Pleadings
                                                  1
                           SET 2 (87 Cases)

CASE     COMPLAINT SUMMONS             SERVICE     ANSWER_    IMC’s
NUMBER     FILED      ISSUED           ATTEMPTED     FILED    EX. NO

22-182    05/26/22   05/27/22           09/29/22   10/03/24     J
22-283    08/02/22   08/03/22           09/29/22   10/03/24     J
22-285    08/02/22   08/03/22           09/29/22   10/03/24     J
22-286    08/02/22   08/03/22           09/29/22   10/03/24     J
22-288    08/02/22   08/03/22           09/29/22   10/03/24     J
22-289    08/02/22   08/03/22           09/29/22   10/03/24     J
22-291    08/02/22   08/03/22           09/29/22   10/03/24     J
22-292    08/02/22   08/03/22           09/29/22   10/03/24     J
22-293    08/02/22   08/03/22           09/29/22   10/03/24     J
22-294    08/02/22   08/03/22           09/29/22   10/03/24     J

22-296    08/02/22   08/03/22           09/29/22   10/29/24     J
22-297    08/03/22   08/03/22           09/29/22   10/29/24     J
22-298    08/03/22   08/03/22           09/29/22   10/03/24     J
22-306    08/08/22   08/08/22           09/29/22   10/03/24     J
22-307    08/08/22   08/08/22           09/29/22   10/03/24     J
22-308    08/08/22   08/08/22           09/29/22   10/03/24     J
22-309    08/08/22   08/08/22           09/29/22   10/01/24     J
22-310    08/08/22   08/08/22           09/29/22   01/24/25     J
22-311    08/08/22   08/08/22           09/29/22   10/03/24     J
22-312    08/08/22   08/08/22           09/29/22   10/03/24     J

22-315    08/08/22   08/08/22           09/29/22   10/03/24     J
22-316    08/08/22   08/08/22           09/29/22   10/03/24     J
22-317    08/08/22   08/08/22           09/29/22   10/03/24     J
22-318    08/05/22   08/08/22           09/29/22   10/03/24     J
22-319    08/05/22   08/08/22           09/29/22   10/03/24     J
22-320    08/05/22   08/08/22           09/29/22   10/03/24     J
22-322    08/08/22   08/10/22           09/29/22   10/03/24     J
22-324    08/06/22   08/10/22           09/29/22   10/03/24     J
22-325    08/06/22   08/10/22           09/29/22   10/03/24     J
22-326    08/06/22   08/10/22           09/29/22   10/03/24     J

22-327    08/06/22   08/10/22           09/29/22   10/03/24     J
22-328    08/05/22   08/10/22           09/29/22   10/03/24     J
22-329    08/05/22   08/10/22           09/29/22   10/03/24     J
22-330    08/05/22   08/10/22           09/29/22   10/03/24     J
                                   2
CASE.  COMPLAINT SUMMONS               SERVICE     ANSWER IMC’s
NUMBER    FILED _ ISSUED              ATTEMPTED       FILED _EX.NO
22-332   08/05/22 08/10/22              09/29/22    10/03/24. J
22-333   08/05/22 08/10/22              09/29/22    40/03/24 J
22-334   08/05/22 08/10/22              09/29/22    10/03/24 J
22-335   08/05/22 08/10/22              09/29/22    10/03/24 J
22-336   08/05/22 +: 08/10/22           09/29/22    10/03/24 J
22-337   08/05/22 08/10/22              09/29/22    10/03/24 J
22-340    08/05/22    08/10/22         09/29/22    10/03/24   J
22-341    08/05/22    08/10/22         09/29/22    10/03/24   J
22-343    08/05/22    08/11/22         09/29/22    10/03/24   J
22-344    08/06/22    08/11/22         09/29/22    10/03/24   J
22-345    08/06/22    08/11/22         09/29/22    10/03/24   J
22-347    08/06/22    08/11/22         09/29/22    10/03/24   J
22-349    08/09/22    08/11/22         09/29/22    10/03/24   J
22-350    08/09/22    08/11/22         09/29/22    10/03/24   J
22-355    08/09/22    08/11/22         09/29/22    10/03/24   J
22-357    08/09/22    08/11/22         09/29/22    10/03/24   J
22-361    08/09/22 08/12/22            09/29/22    10/03/24   J
22-363    08/10/22 08/12/22            09/29/22    10/03/24   J
22-365    08/10/22 08/12/22            09/29/22    10/03/24   J
22-368    08/10/22 -—-:08/12/22        09/29/22    10/03/24   J
22-370    08/10/22 08/12/22            09/29/22    10/03/24   J
22-371    08/10/22 08/12/22            09/29/22    10/03/24   J
22-373    —08/11/22.——:08/12/22        09/29/22    10/03/24   J
22-374    08/11/22 08/12/22            09/29/22    10/03/24   J
22-375    08/11/22 08/12/22            09/29/22    10/03/24   J
22-376    08/11/22 08/12/22            09/29/22    10/03/24   J
22-381    08/08/22    08/17/22         09/29/22    10/03/24   J
22-383    08/08/22    08/17/22         09/29/22    10/03/24   J
22-385    08/08/22    08/17/22         09/29/22    10/03/24   J
22-391    08/11/22    08/17/22         09/29/22    10/03/24   J
22-392    08/11/22    08/17/22         09/29/22    10/03/24   J
22-394    08/11/22    08/17/22         09/29/22    10/03/24   J
22-395    08/11/22    08/17/22         09/29/22    10/03/24   J


                                  3
CASE   COMPLAINT SUMMONS                 SERVICE    ANSWER _ IMC’s
NUMBER    ___FILED ISSUED               ATTEMPTED      FILED EX.NO

22-465   10/04/22      10/05/22          01/10/23    10/03/24   K
22-466   10/04/22      10/05/22          01/10/23    10/03/24   K
22-509   11/11/22      §=11/14/22        01/10/23    10/03/24   K
22-519   11/11/22      11/15/22          01/10/23    10/03/24   K
22-528   11/14/22    = 11/15/22          01/10/23    10/03/24   K
22-535   11/14/22      11/16/22          01/10/23    10/03/24   K
22-540   11/14/22      11/16/22          01/10/23    10/03/24   K
22-543   11/14/22      11/16/22          01/10/23    10/03/24   K
22-545   11/14/22      11/16/22          01/10/23    10/03/24   K
22-556   11/14/22    = 11/17/22          01/10/23    10/03/24   K

22-559   11/15/22,   = 11/17/22          01/10/23    10/03/24   K
22-560   11/15/22      11/17/22          01/10/23    10/03/24   K
22-564   11/15/22      11/18/22          01/10/23    01/13/25   K
22-566   11/15/22      11/18/22          01/10/23    10/03/24   K
22-570   11/15/22    = 11/18/22          01/10/23    02/03/23   K
22-574   11/15/22      11/21/22          01/10/23    10/03/24   K

22-352   08/09/22      08/11/22          12/30/24    NONE       M
22-353   08/09/22      08/11/22          12/30/24    NONE       M
22-358   08/09/22      08/11/22          12/30/24    NONE       M
22-372   08/10/22      08/12/22          12/30/24    NONE       M




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