DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
 
SBRMCOA, LLC, individually and on 
behalf of its members, 
 
 
 
Plaintiff, 
 
 
 
v. 
 
BAYSIDE RESORT, INC.; TSG 
TECHNOLOGIES, INC.; TSG CAPITAL, INC.; 
and BEACHSIDE ASSOCIATES, LLC, 
 
 
 
Defendants. 
 
 
 
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Civil No. 2006–42
APPEARANCES: 
 
 
Maria Tankenson Hodge, Esq. 
Hodge & Francois 
St. Thomas, VI 
 
For SBRMCOA, LLC, 
 
Arthur Pomerantz, Esq. 
Law Offices of Arthur Pomerantz 
St. Thomas, VI 
 
For Bayside Resort, Inc., 
 
Gregory H. Hodges, Esq. 
Dudley, Topper & Feuerzeig 
St. Thomas, VI 
Neil D. Goldman, Esq. 
Goldman & Van Beek, P.C. 
Alexandria, VA 
 
For TSG Technologies, Inc.; TSG Capital, Inc. and Beachside 
Associates, LLC, 
 
 
 
Case: 3:06-cv-00042-CVG-RM   Document #: 170   Filed: 09/08/16   Page 1 of 2
SBRMCOA, LLC V. Bayside Resort, Inc. 
Civil No. 2006–42 
Order 
Page 2 
 
AMENDED ORDER1 
 
GÓMEZ, J. 
 
Before the Court is the writ of mandamus issued by the  
United States Court of Appeals for the Third Circuit.  
The Third Circuit’s mandate directed the Court to consider 
“whether the Water Supply Agreement constituted an unauthorized 
amendment [to SBRMCOA’s Declaration], and, based upon this 
determination, whether the Board was authorized in law and fact 
to enter into the Water Supply Agreement.” SBRMCOA, LLC v. 
Bayside Resort, Inc., 596 Fed. App’x 83 (3d Cir. 2014). 
 
The Court finds that the Board engaged in ultra vires 
conduct with respect to some provisions in the Water Supply 
Agreement. The Court, however, does not find that the Board 
engaged in ultra vires conduct with respect to the arbitration 
provision in the Water Supply Agreement. 
 
The premises considered, it is hereby 
ORDERED that this matter is referred to arbitration.  
 
 
 
  
 
 
S\ 
 
 
 
 
 
 
  
 
 
Curtis V. Gómez 
 
 
 
 
 
 
 
 
District Judge 
                     
1 The order entered on March 31, 2016, included an incorrect citation to the 
relevant Third Circuit mandate. That oversight has been corrected in this 
amended order. 
Case: 3:06-cv-00042-CVG-RM   Document #: 170   Filed: 09/08/16   Page 2 of 2