DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
)
DAFFNEY LEE JAMES,
)
)
Plaintiff,
)
2004-CV-0026
v.
)
GEOSTAR CORPORATION, SUCCESSOR IN
)
INTEREST TO CLASSIC STAR, CLASSIC STAR 
)
CAPITAL, LLC., ERIC BATEMAN, BRYON 
)
DYSON, SUGAR ISLAND ASSOCIATES, LTD.,
)
CARAMBOLA GOLF CLUB PARTNERS, 
)
CARAMBOLA GOLF AND COUNTRY CLUB LLC )
AND JS MANAGEMENT LLLP.,
)
Defendants.
)
_______________________________________________ )
TO:
Lee J. Rohn, Esq.
Bruce Bennet, Esq.
Douglas L. Capdeville, Esq.
Edward L. Barry, Esq.
Leslie Kelly, Esq. 
ORDER REGARDING PLAINTIFF’S MOTION FOR SANCTIONS FOR REFUSAL
TO MEDIATE
THIS MATTER is before the Court upon Plaintiff Daffney Lee James’ Motion For
Sanctions For Refusal to Mediate (Docket No. 248).  Defendant Bateman  filed a
response to said motion, and Plaintiff filed a reply thereto.
Plaintiff claims that Defendant Bateman’s attorney refused to set a date for
mediation, arguing that his client does not have enough money.  Motion at 1.  Said
Defendant does not dispute those allegations in his Response to Plaintiff’s Motion for
Case: 1:04-cv-00026-AET-GWC   Document #: 261   Filed: 06/16/08   Page 1 of 3
James v. Geostar Corporation 
2004-CV-0026
Order Regarding Plaintiff’s Motion For Sanctions 
Page 2
Sanctions (Docket No. 253).  Defendant Bateman claims he is willing to abide by this
Court’s order to mediate but requests that he attend the mediation by phone due to the
burden of having to travel from California to attend the mediation.  Response at 1. 
According to Local Rule of Civil Procedure Rule 3.2, a party may be sanctioned
for failing to appear at a “duly noticed mediation conference or fail[ing] to participate in
the mediation in good faith.”  LRCi 3.2 (f)(2).  Plaintiff does not allege that Defendant
Bateman failed to appear at a scheduled mediation conference, but that said Defendant
refused to provide dates for mediation.  Motion at 1.  Therefore, if Plaintiff’s allegations
are true, Defendant Bateman did not directly violate Rule 3.2.  However, if said
Defendant was having difficulty scheduling a mediation by the deadline, he should
have filed a motion for extension of time.  As a result, this Court will grant in part and
deny in part Plaintiff’s motion for sanctions.
As to Defendant Bateman’s request to attend the mediation by phone, this
Court’s Local Rules of Civil Procedure require a “party or its representative having full
authority to settle without further consultation” to be physically present at a mediation
conference, unless otherwise stipulated by the parties.  LRCi 3.2(f)(2)(A).  It is clear from
the opposition of Plaintiff that it does not stipulate to said Defendant’s physical absence
from the mediation conference.  Nowhere in his response does said Defendant  state
Case: 1:04-cv-00026-AET-GWC   Document #: 261   Filed: 06/16/08   Page 2 of 3
James v. Geostar Corporation 
2004-CV-0026
Order Regarding Plaintiff’s Motion For Sanctions 
Page 3
that his representative at the mediation conference will have “full authority to settle
without further consultation.”  Consequently, the Court finds that Defendant Bateman
must be physically present at the mediation conference and will deny the request.      
Having reviewed the parties’ written submissions and upon due consideration
thereof, it is now hereby ORDERED:
1.
Plaintiff’s Motion For Sanctions For Failure to Mediate (Docket No. 248) is
GRANTED IN PART AND DENIED IN PART.
2.
Plaintiff’s motion for monetary sanctions against Defendant Bateman is 
DENIED.
3.
Defendant Bateman shall provide to counsel for all parties, within five (5)
days from the date of entry of this order, dates he is available for
mediation.
4.
Mediation shall be completed on or before July 31, 2008.
ENTER:
Dated: July 16, 2008
                                /s/                                    
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:04-cv-00026-AET-GWC   Document #: 261   Filed: 06/16/08   Page 3 of 3