NOT FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
CHESTER CROMWELL,
Plaintiff,
v.
INNOVATIVE COMMUNICATION, INC.,
d/b/a INNOVATIVE TELEPHONE, d/b/a
VITELCO,
Defendant.
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Civil No. 2007-56
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APPEARANCES:
Chester Cromwell
P.O. Box 303297, St. Thomas, U.S.V.I. 00803
Pro se plaintiff,
Bernard VanSluytman, Esq.
St. Thomas, U.S.V.I.
Innovative Communication, Inc. d/b/a Innovative Telephone d/b/a
Vitelco
St. Thomas, U.S.V.I.
Pro se defendant.
ORDER
GÓMEZ, C.J.
On June 26, 2009, the Court entered an Order stating that
there was no proof in the record that Innovative Communication,
Inc. d/b/a Innovative Telephone d/b/a Vitelco (the “Vitelco”) 
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Cromwell v. Innovative Communication, Inc. d/b/a Innovative Telephone d/b/a
Vitelco
Civil No. 2007-56
Order
Page 2
had been served with Chester Cromwell’s (“Cromwell”) complaint
and summons in this matter.  The Order also directed Cromwell to
either file proof of service on Vitelco or show cause why this
action should not be dismissed for lack of proper service no
later than July 13, 2009.
In response to the June 26, 2009, Order, Cromwell filed a
document styled as a “Motion for Reconsideration.”  In that
document, he states that on March 22, 2007, he hired Renix
Charles (“Charles”) to serve the original complaint and summons
on Vitelco.  Charles thereafter instructed Cromwell to amend the
complaint.  On July 24, 2007, Cromwell hired Charles to serve the
amended complaint on Vitelco.  Charles further states that he
contacted Charles on July 11, 2009, and Charles represented that
he did in fact serve the amended complaint and summons on Vitelco
and file them with the Court.
The premises considered, it is hereby
ORDERED that, no later than August 25, 2009, Cromwell shall
file an affidavit drafted and signed by Renix Charles, which
affidavit shall include:
1.
The name of the person who was served with Cromwell’s
complaint and summons in this matter;
2.
The date on which service was made;
3.
The place where service was made; and
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Cromwell v. Innovative Communication, Inc. d/b/a Innovative Telephone d/b/a
Vitelco
Civil No. 2007-56
Order
Page 3
4.
A copy of the complaint and summons that were served.
     
  S\                          
        CURTIS V. GÓMEZ
       
     Chief Judge
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