IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
PAID 4 ENTERTAINMENT, LLC,
JERMAINE SAUNDERS and JASON 
)
SAUNDERS,
) 
)
Plaintiffs,
)
)
v. 
)
CIVIL NO. 2011-70
)
JAY JENKINS a/k/a YOUNG JEEZY, 
)
YOUNG JEEZY TOURING, LLC, 
)
MELINDA SMITH, and SMITH BY SMITH 
)
ENTERTAINMENT, INC.,
)
)
Defendants. 
)
________________________________________)
ORDER 
 Before the Court is plaintiffs’ motion to serve defendants
Jay Jenkins a/k/a Young Jeezy and Young Jeezy Touring, LLC by
publication, and for an extension of time to perfect service on
defendants pursuant to 5 V.I.C. § 112(a)(5) and Rule 4 of the
Federal Rules of Civil Procedure, respectively.
Virgin Islands Code, Title 5, Section 112(a), provides that
when service of the summons cannot be made as prescribed by Rule
4, and where it appears to a court’s satisfaction by affidavit
that after due diligence a defendant cannot be found in the
Virgin Islands, and it also appears that a cause of action exits
against the defendant, or that the defendant is a proper party to
an action relating to real or personal property in the Virgin
Islands, a court may order service by publication in any of the
following cases:
Case: 3:11-cv-00070-CVG-RM   Document #: 12   Filed: 10/11/11   Page 1 of 3
Paid 4 Entertainment, LLC, et al. v. Jenkins, et al.
Civil No. 2011-70
Order
Page 2 of 3
(1) When the defendant is a foreign corporation, and
has property within the Virgin Islands, or the cause of
action arose therein;
(2) When the defendant, being a resident of the Virgin
Islands, has departed therefrom with intent to defraud his
creditors or to avoid the service of the summons, or with
like intent keeps himself concealed therein, or has departed
from the Virgin Islands and remained absent therefrom six
consecutive weeks;
(3) When the defendant is not a resident of the Virgin
Islands, but has property therein, and the court has
jurisdiction of the subject of the action;
(4) When an action is to have a marriage declared void,
or for a divorce in the cases prescribed by law;
(5) When the subject of the action is real or personal
property in the Virgin Islands, and the defendant has or
claims a lien or interest actual or contingent therein, or
the relief demanded consists wholly or partly in excluding
the defendant from any lien or interest therein; or 
(6) Where the action is to foreclose, satisfy, or
redeem from a mortgage, or to enforce a lien of any kind on
real estate in the Virgin Islands, or satisfy or redeem the
same. 
1
Accordingly, before service of publication may be ordered, a
showing must be made that service of the summons cannot be made
as prescribed in Rule 4.  Here, the motion and the proofs of
service submitted in support of the motion are deficient in that
they do not state the place service was attempted, the dates
service was attempted, how many attempts were made to serve the
defendants, or any other facts to show service was not possible.  
  5 V.I.C. § 112(a).
1
Case: 3:11-cv-00070-CVG-RM   Document #: 12   Filed: 10/11/11   Page 2 of 3
Paid 4 Entertainment, LLC, et al. v. Jenkins, et al.
Civil No. 2011-70
Order
Page 3 of 3
Furthermore, even if the motion and the proofs of service
were not deficient, it does not appear that service by
publication would be permissible here.  Although plaintiffs cite
Section 112(a)(5), plaintiffs do not allege any facts that would
bring this section into play here.  Nor does any other part of §
112(a) appear to be applicable.
Accordingly, it is hereby
ORDERED that plaintiffs’ motion for service by publication 
is DENIED without prejudice; it is further 
ORDERED that plaintiffs’ motion for an extension of time to
effectuate service on defendants is GRANTED; and it is further 
ORDERED that plaintiffs shall have an additional sixty days
from the date of this Order to effectuate service on defendants.
S\________________________________
RUTH MILLER
United States Magistrate Judge
Case: 3:11-cv-00070-CVG-RM   Document #: 12   Filed: 10/11/11   Page 3 of 3