DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
STEPHEN PLANTE,
5
5
Plaintiff,
5
2004-CV-0074
v.
5
5
BRET ALAN ROSANE,
5
5
Defendant.
5
____________________________________5
TO:
Lee J. Rohn, Esq.
Richard H. Hunter, Esq.
ORDER DENYING DEFENDANT’S MOTION FOR SANCTIONS
THIS MATTER came before the Court upon Defendant’s Motion For Sanctions For
Violation of Pretrial Scheduling Order (Docket No. 219).  Plaintiff filed an opposition to
said motion.  The time for filing a reply has expired.
Having reviewed the parties’ written submissions and upon due consideration
thereof, the Court finds that Defendant has not suffered prejudice from Plaintiff’s failure
to timely submit his portion of the proposed Joint Final Pretrial Order.  In addition, the
Court finds that the untimely service was inadvertent and not in bad faith.  Moreover, the
record reflects that Defendant filed, on April 15, 2009, what appears to be an amended
Case: 1:04-cv-00074-LDD   Document #: 236   Filed: 05/21/09   Page 1 of 2
Plante v. Rosane
2004-CV-0074
Order Denying Defendant’s Motion For Sanctions
Page 2
document containing Defendant’s portion of the proposed Joint Final Pretrial Order
(Docket No. 231).  Consequently, the Court finds that sanctions are not warranted.
WHEREFORE, it is now hereby ORDERED that Defendant’s Motion For Sanctions
For Violation of Pretrial Scheduling Order (Docket No. 219) is DENIED.
ENTER:
Dated: May 21, 2009
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:04-cv-00074-LDD   Document #: 236   Filed: 05/21/09   Page 2 of 2