IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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BENNINGTON FOODS, LLC, d/b/a
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BENNINGTON GROUP,
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Plaintiff,
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2006-CV-0154
v.
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ST. CROIX RENAISSANCE GROUP, LLLP,
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a U.S. Virgin Islands corporation,
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Defendant.
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__________________________________________5
TO:
Lee J. Rohn, Esq.
Joel H. Holt, Esq.
ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL
THIS MATTER came before the Court for consideration upon Plaintiff’s Motion to Compel
Depositions of Jack Thomas and Myron Allick (Docket No. 201).  Defendant filed an opposition to
said motion.  A hearing was held on January 21, 2009.  Kimberly L. Boldt, Esq., appeared on behalf
of Plaintiff.  Joel H. Holt, Esq., represented Defendant.
The depositions at issue were authorized by District Judge Finch in his Order (Docket No.
164) reversing the undersigned’s order denying Plaintiff’s motion to modify pre-trial schedule for
the limited purpose of conducting depositions and requesting certain documents.  Defendant does
not oppose the depositions themselves; rather, Defendant contends that all written discovery should
be completed prior to the taking of the depositions.
This Court has previously held that “unless ordered or agreed otherwise, methods of
discovery may be used in any sequence.”  Simmons v. American Airlines, Inc., Civil No. 1996/0076,
Case: 1:06-cv-00154-HB   Document #: 217   Filed: 01/21/09   Page 1 of 2
Bennington Foods, LLC. v.  St. Croix Renaissance Group, LLLLP
2006-CV-0154
Order Granting Plaintiff’s Motion to Compel
Page 2
2003 WL 22768258 *1 (D.V.I. Nov. 7, 2003).  Where, as here, it is not readily apparent, and
Defendant has not demonstrated, that the outstanding discovery is crucial to the deponents’
preparation for the depositions, nothing requires the written discovery to be fully completed prior
to the taking of such depositions.
Having reviewed the submissions of the parties and heard the arguments of counsel, the
Court finds that Plaintiff is entitled to have the depositions go forward as agreed by the parties during
the second week of February 2009.
WHEREFORE, it is now hereby ORDERED:
1.
Plaintiff’s Motion to Compel Depositions of Jack Thomas and Myron Allick (Docket
No. 201) is GRANTED.
2.
The depositions of Jack Thomas and Myron Allick may be noticed for the dates and
times agreed to by the parties for the second week of February 2009.
ENTER:
DATED: January 21, 2009
                                /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:06-cv-00154-HB   Document #: 217   Filed: 01/21/09   Page 2 of 2