DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
THE KIMBERLY STONECIPHER-FISHER REVOCABLE 
LIVING TRUST; KIMBERLY STONECIPHER-FISHER, 
TRUSTEE; and AMERICAN RESORT DEVELOPMENT 
ASSOCIATION – RESORT OWNERS’ COALITION, 
Plaintiffs, 
v. 
GOVERNMENT OF THE VIRGIN ISLANDS, 
Defendant. 
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Civil No. 2017-32 
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GREAT BAY CONDOMINIUM OWNERS ASSOCIATION, 
INC.; TIMOTHY O’BRIEN; and KEITH CHEATHAM, 
             Plaintiffs, 
             v. 
GOVERNMENT OF THE VIRGIN ISLANDS; and 
JOEL A. LEE1, ACTING DIRECTOR OF THE 
BUREAU OF INTERNAL REVENUE, in his 
official capacity, 
        
            Defendants. 
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Civil No. 2017-33 
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ATTORNEYS: 
 
Kevin Johnson, Esq. 
Baker Hostetler LLP 
Philadelphia, PA 19104 
Chad Messier, Esq. 
Dudley Newman Feuerzeig, LLP 
St. Thomas, VI 
For The Kimberly Stonecipher-Fisher Revocable Living Trust; 
Kimberly Stonecipher-Fisher, Trustee; and American Resort 
Development Association – Resort Owners’ Coalition, 
 
                                                          
1 Pursuant to Federal Rule of Civil Procedure 25(d), the caption of this 
matter was changed to reflect the substitution of the current Director 
Nominee of the Bureau of Internal Revenue as a party. 
Case: 3:17-cv-00033-CVG-RM   Document #: 170   Filed: 05/09/19   Page 1 of 4
The Kimberly Stonecipher-Fisher Revocable Trust, et. al., v. Government of 
the Virgin Islands 
Civil No. 17-32 
Great Bay Condominium Owners Association, Inc., et. al. v. Government of the 
Virgin Islands, et. al. 
Civil No. 17-33 
Order 
Page 2 
 
Mark Wilczynski, Esq. 
Lauren Nicole Wright, Esq. 
Law Office of Wilczynski, P.C.  
St. Thomas, VI  
For Great Bay Condominium Owners Association, Inc.; Timothy 
O’Brien; and Keith Cheatham, 
 
Claude E. Walker, Attorney General  
Carol Thomas-Jacobs, AAG 
Ariel Marie Smith-Francois, AAG 
Kimberly L. Salisbury-Cole, AAG  
Virgin Islands Department of Justice  
St. Thomas, V.I.  
For the Government of the Virgin Islands and Joel Lee, 
Acting Director of the Bureau of Internal Revenue, in his 
official capacity. 
 
ORDER 
GÓMEZ, J. 
The trial in this matter was originally scheduled to 
commence on June 3, 2019. On March 8, 2019, the Kimberly 
Stonecipher-Fisher Revocable Living Trust (the “Trust”), 
Kimberly Stonecipher Fisher as trustee (“Stonecipher-Fisher”), 
and American Resort Development Association – Resort Owners’ 
Coalition (“American Resort”) moved for summary judgment. That 
same day, Great Bay Condominium Owners Association, Inc. (“Great 
Bay”), Timothy O’Brien (“O’Brien”), and Keith Cheatham 
(“Cheatham”) also moved for summary judgment. On March 13, 2019, 
the Government of the Virgin Islands (“GVI”) and Joel Lee in his 
Case: 3:17-cv-00033-CVG-RM   Document #: 170   Filed: 05/09/19   Page 2 of 4
The Kimberly Stonecipher-Fisher Revocable Trust, et. al., v. Government of 
the Virgin Islands 
Civil No. 17-32 
Great Bay Condominium Owners Association, Inc., et. al. v. Government of the 
Virgin Islands, et. al. 
Civil No. 17-33 
Order 
Page 3 
 
official capacity as Acting Director of the Bureau of Internal 
Revenue (“Director Nominee Lee”) moved for summary judgment. 
On April 26, 2019, the parties in this matter--the Trust; 
Stonecipher-Fisher; American Resort; Great Bay; O’Brien; 
Cheatham; GVI; and Director Nominee Lee--filed a joint motion to 
continue the trial date. In that motion, the parties agreed that 
there are no disputes as to the record in this case. In light of 
this agreement and the extensively briefed competing motions for 
summary judgment, the parties requested that the Court continue 
the trial date.  
On May 7, 2019, the Court held a status conference in this 
matter. Given the parties’ agreement as to the record, the Court 
observed that this matter may be amenable to resolution on the 
papers. To that end, the Court proposed that the matter should 
be tried on a stipulated record. Given that option, the parties 
agreed to forego their motions for summary judgment and instead 
have this matter tried on a stipulated record. 
The premises considered, it is hereby 
ORDERED that the trial setting previously scheduled for 
June 3, 2019, is hereby VACATED; it is further 
Case: 3:17-cv-00033-CVG-RM   Document #: 170   Filed: 05/09/19   Page 3 of 4
The Kimberly Stonecipher-Fisher Revocable Trust, et. al., v. Government of 
the Virgin Islands 
Civil No. 17-32 
Great Bay Condominium Owners Association, Inc., et. al. v. Government of the 
Virgin Islands, et. al. 
Civil No. 17-33 
Order 
Page 4 
 
ORDERED that the final pretrial conference previously 
scheduled for May 15, 2019, is hereby VACATED; it is further 
ORDERED that this matter shall be tried on the papers; it 
is further 
ORDERED that, no later than 3:00 P.M. on May 21, 2019, the 
parties shall submit a joint stipulated record that shall 
include all evidence which the parties stipulate is necessary 
for the Court to consider before making its decision; and it is 
further 
ORDERED that the motions for summary judgment are MOOT.  
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
District Judge 
 
Case: 3:17-cv-00033-CVG-RM   Document #: 170   Filed: 05/09/19   Page 4 of 4