DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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DANIEL GIANNINI,
5
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Plaintiff,
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2005-CV-0096
v.
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Vessel HARBOR CAT a/k/a “THE OCEAN
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CLUB” her engines, tackle, apparel, gear, etc., 5
and MILEMARK, INC.,
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5
Defendants.
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__________________________________________5
TO: 
Scot F. McChain, Esq.
Michael Fitzsimmons, Esq.
E. Geoffrey Wolfe, Esq.
ORDER REGARDING PLAINTIFF’S MOTION TO COMPEL DEFENDANT
MILEMARK TO PRODUCE DISCOVERY AND DEFENDANT MILEMARK, INC.’S
MOTION FOR EXTENSION OF TIME
THIS MATTER is before the Court upon Plaintiff’s Motion to Compel Defendant
Milemark to Produce Discovery (Docket No. 117) and Defendant Milemark, Inc.’s Motion
For Extension of Time to File an Opposition to Daniel Giannini’s Motion to Compel (Docket
No. 123).  Defendant Milemark, Inc., filed an opposition to Plaintiff’s motion, without a
ruling upon said Defendant’s motion for extention of time, and Plaintiff filed a reply
thereto.  The matter came for hearing on August 31, 2007.  Scot F. McChain, Esq., appeared
Case: 1:05-cv-00096-CVG-GWC   Document #: 137   Filed: 08/31/07   Page 1 of 6
Giannini v. Vessel Harbor Cat
2006-CV-0096
Order Regarding Plaintiff’s Motion to Compel
Page 2
on behalf of Plaintiff.  Defendant Milemark, Inc., was represented by E. Geoffrey Wolfe,
Esq.
Plaintiff’s motion enumerates several interrogatories and demands for production
that Plaintiff asserts insufficient responses by said Defendant.  During the hearing, Plaintiff
stated that said Defendant has failed to respond adequately to other or a second set of
discovery requests.  Because those discovery issues were not raised in Plaintiff’s said
motion, the Court will address only the discovery requests at issue in Plaintiff’s said
motion.
Insofar as said Defendant objects or refuses to respond to the discovery requests at
issue based upon a claim of privilege, the Court finds that, in the absence of a privilege log,
any privilege that may be or may have been asserted are waived.
Having reviewed the written submissions of the parties and heard the arguments
of counsel, the Court makes the following findings:
Interrogatory No. 1:
Defendant Milemark, Inc., shall provide Mr. Sperber’s
birthplace, date of birth and citizenship, and Milemark’s tax
identification number.
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Giannini v. Vessel Harbor Cat
2006-CV-0096
Order Regarding Plaintiff’s Motion to Compel
Page 3
Interrogatory No. 18:
Said Defendant shall provide a narrative response detailing all
discussions between Milemark representatives and Plaintiff
related to the signing of the agreement.
Interrogatory No. 21:
Said Defendant shall provide the seller’s address and contact
information as well as the price and terms of sale and condition
of the vessel, as requested.
Interrogatory No. 22:
Said Defendant shall provide information regarding other
leases and/or charter agreements for the vessel in question for
the eight (8) years prior to the lease/purchase agreement with
Plaintiff.
Interrogatory No. 23:
Said Defendant shall supplement its response by providing the
repair and maintenance records referenced in its original
response or shall execute an authorization for release of such
information from St. Croix Marine to Plaintiff.
Interrogatory No. 24:
Said Defendant shall supplement its response by indicating the
dates of commission for each captain and any representations
made by them regarding defects, needed repairs, or the
unfavorable condition of the vessel.
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Giannini v. Vessel Harbor Cat
2006-CV-0096
Order Regarding Plaintiff’s Motion to Compel
Page 4
Interrogatory No. 25:
Said Defendant shall supplement its response by providing the
dates of the Coast Guard inspections to the extent they are
known to Milemark and/or maintained in Milemark’s records.
Demand For Production No. 4:
Said Defendant shall produce any and all brochures,
advertisements, appraisals, and/or surveys in its
possession that are responsive to such demand.
Demand For Production No. 6:
Said Defendant shall produce the contract between the
parties, documents demonstrating breach and payment
by Milemark of the yard bill and any and all other
documents responsive to such demand.
Demand For Production No. 8:
Said Defendant shall produce the requested tax returns
or execute a authorization for release of such documents
to Plaintiff.  The parties shall enter into a confidentiality
agreement regarding the documents and information
contained therein.
Demand For Production No. 9:
Said Defendant shall produce any and all applicable
insurance policies.
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Giannini v. Vessel Harbor Cat
2006-CV-0096
Order Regarding Plaintiff’s Motion to Compel
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Demand For Production No. 13:
Said Defendant shall produce any and all documents
regarding the seaworthiness of the vessel.
Demand For Production No. 15:
Said Defendant shall produce any and all documents
that support its allegation that it entered into a note and
paid $40,000.00 for repairs of the vessel.
Demand For Production No. 16:
Said Defendant shall produce any and all documents
related to the sale and/or lease of the vessel.
Demand For Production No. 18:
Said Defendant shall produce any and all documents
that are responsive to such demand that are not
duplicative of those documents provided in response to
Demand For Production No. 16.
Demand For Production No. 19:
Siad Defendant shall produce any and all documents
related to repairs of the vessel, including plans, permits,
correspondence, invoices, receipts, contracts, loan
applications, and/or loan agreements.
In an effort to move this matter forward, the parties shall abide by the deadlines set
forth below.
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Giannini v. Vessel Harbor Cat
2006-CV-0096
Order Regarding Plaintiff’s Motion to Compel
Page 6
Accordingly, it is hereby ORDERED:
1.
Plaintiff’s Motion to Compel  Defendant Milemark to Produce Discovery
(Docket No. 117) is GRANTED.
2.
Defendant Milemark, Inc.’s Motion For Extension of Time to File an
Opposition to Daniel Giannini’s Motion to Compel (Docket No. 123) is
DENIED AS MOOT.
3.
Said Defendant shall supplement its responses to discovery as set forth
hereinabove on or before September 14, 2007.
4.
All factual discovery, including depositions, shall be completed on or
before October 15, 2007.
5.
Mediation shall be completed on or before October 31, 2007.
ENTER:
Dated: August 31, 2007
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
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