DISTRICT COURT OF THE VIRGIN ISLANDS 
 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA 
(NATIONAL PARK SERVICE),  
Plaintiffs, 
v. 
   
DONNA ROBERTS; DEBRA ROBERTS-
LIBURD; LUCIA ROBERTS FRANCIS; 
GLORIA JOSEPH; KEITH E. FRAZER; 
ALVENO A. HERMAN, SR.; ALLEN E. 
ROBERTS, II; EDWIN E. ROBERTS, 
II; SHIREE ANN ROBERTS; RAY 
ROBERTS; LYNETTE MAGRAS; GAYE R. 
MOSES; SEKOU MAGRAS; LENNY 
LIBURD; LEE CHRISTIAN; DELSA 
CHRISTIAN; and KATIKA KIMBO 
DONOVAN,                         
 
Defendants. 
 
) 
) 
) 
 
) 
 
) 
Civil No. 2014-95 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
) 
 
ATTORNEYS: 
 
Gretchen Shappert, United States Attorney 
Angela Tyson-Floyd, AUSA 
United States Attorney’s Office 
St. Thomas, VI 
 
For the United States, 
 
Joseph Caines, Esq. 
Law offices of Joseph Caines 
St. Thomas, VI 
For Donna Roberts; Lucia Roberts Francis; Gloria Joseph; 
Keith E. Frazer; Alveno A. Herman, Sr.; Allen E. Roberts, 
II; Edwin E. Roberts, II; Shiree Ann Roberts; Ray Roberts; 
Lynette Magras; Gaye R. Moses; Sekou Magras; Lenny Liburd; 
Lee Christian; Delsa Christian; and Katika Kimbo Donovan.             
 
 
 
 
 
Case: 3:14-cv-00095-CVG-RM   Document #: 192   Filed: 03/20/18   Page 1 of 4
United States v. Roberts, et. al. 
Civil No. 2014–95 
Order 
Page 2 
 
ORDER 
 
 
GÓMEZ, J. 
 
 
Before the Court is the motion for attorney’s fees and 
costs filed by Donna Roberts; Lucia Roberts Francis; Gloria 
Joseph; Keith E. Frazer; Alveno A. Herman, Sr.; Allen E. 
Roberts, II; Edwin E. Roberts, II; Shiree Ann Roberts; Ray 
Roberts; Lynette Magras; Gaye R. Moses; Sekou Magras; Lenny 
Liburd; Lee Christian; Delsa Christian; Katika Kimbo Donovan; 
and Debra Roberts-Liburd (collectively, the “Roberts 
Defendants.”). 
 
Local Rule of Civil Procedure 54.1 provides: 
 
Within thirty days after the entry of a final 
judgment 
or 
a 
judgment 
allowing 
costs, 
the 
prevailing party shall serve on the adverse party 
and file with the Clerk of the Court a Bill of Costs, 
together with a notice of motion when application 
will be made to the Clerk to tax the same. 
LRCi 54.1(a). The bill of costs required together with the 
notice of motion must 
 
precisely set forth each item thereof, so that the 
nature of the charge can be readily understood, and 
shall be verified by the attorney for the applicant, 
stating that: (1) the items are correct, (2) the 
services were actually and necessarily performed, 
and (3) the disbursements were necessarily incurred 
in the action or proceeding.  
Case: 3:14-cv-00095-CVG-RM   Document #: 192   Filed: 03/20/18   Page 2 of 4
United States v. Roberts, et. al. 
Civil No. 2014–95 
Order 
Page 3 
 
LRCi 54.1(b). Finally, the bill of cost must include an invoice 
for each cost item. See id. (“Counsel shall append to the 
verified Bill of Costs copies of all invoices in support of the 
request for each item.”). 
 
Failure to comply with any of the above requirements 
results in waiver of entitlement to costs. See LRCi 54.1(c) 
(“Upon failure of the prevailing party to comply with . . . Rule 
[54.1], all costs shall be waived.”). 
 
With respect to attorney’s fees, “[t]he party seeking 
attorney's fees has the burden to prove that its request for 
attorney's fees is reasonable. To meet its burden, the fee 
petitioner must ‘submit evidence supporting the hours worked and 
rates claimed.’” Rode v. Dellarciprete, 892 F.2d 1177, 1183 (3d 
Cir. 1990) (quoting Hensley v. Eckerhart, 461 U.S. 424, 433 
(1983)). 
 
On July 25, 2017, the Roberts Defendants filed a motion for 
attorney’s fees and costs (the “fee petition”). The Roberts 
Defendants’ fee petition failed to include a verified Bill of 
Costs as required by LRCi 54.1. Accordingly, the Court will deny 
the fee petition insofar as it seeks costs. See Michael J. 
Benenson Assocs., Inc. v. Orthopedic Network of New Jersey, 54 
Fed. App'x 33, 37 (3d Cir. 2002) (affirming denial of motion for 
costs because party “fail[ed] to provide invoice documentation 
Case: 3:14-cv-00095-CVG-RM   Document #: 192   Filed: 03/20/18   Page 3 of 4
United States v. Roberts, et. al. 
Civil No. 2014–95 
Order 
Page 4 
 
of the items for which it sought reimbursement” in violation of 
similar local rule for the United States District Court of the 
District of New Jersey). 
 
In support of their request for attorney’s fees, the 
Roberts Defendants filed only a memorandum. A memorandum is not 
evidence. See Kulhawik v. Holder, 571 F.3d 296, 298 (2d Cir. 
2009) (“An attorney's unsworn statements in a brief are not 
evidence.”). Accordingly, because the Roberts Defendants failed 
to provide the Court with “evidence supporting the hours worked 
and rates claimed,” the Court will deny the fee petition insofar 
as it seeks attorney’s fees. See Rode, 892 F.2d at 1183. 
The premises considered, it is hereby 
ORDERED that the motion for attorney’s fees and costs 
docketed at ECF Number 186 is DENIED. 
 
 
S\ 
 
 
 
 
CURTIS V. GÓMEZ 
District Judge 
 
Case: 3:14-cv-00095-CVG-RM   Document #: 192   Filed: 03/20/18   Page 4 of 4