FOR PUBLICATION
IN THE DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. THOMAS AND ST. JOHN
PACIFIC BUSINESS CAPITAL CORP., 
Plaintiff,
v.
LITTLE SWITZERLAND, INC. and, L.S.
WHOLESALE INC.,
Defendants.
___________________________________
)
)
)
)
 
)
)
)
Civil No. 2004-159
)
)
)
)
)
)
APPEARANCES:
Marshall A. Bell, Esq.
St. Thomas, U.S.V.I.
Attorney for the plaintiff
Christopher A. Kroblin, Esq.
St. Thomas, U.S.V.I.
Attorney for the defendants.
ORDER
GÓMEZ, C.J.
Before the Court is the motion of Little Switzerland, Inc.
(“Little Switzerland”) and L.S. Wholesale, Inc. (“L.S.”)
(collectively, the “Defendants”) for an extension of time within
which to file their motion for reconsideration of the Court’s
October 9, 2007, Order denying their motion to dismiss.  
Under Local Rule of Civil Procedure 7.4 (“Local Rule 7.4"),
a party may file a motion for reconsideration “within (10) days
Case: 3:04-cv-00159-CVG-GWB   Document #: 47   Filed: 05/12/08   Page 1 of 4
Pacific Business Capital, Corp. v. Little Switzerland, Inc., et al.
Civil No. 2004-159
Order
Page 2
1  Since the filing of General Star’s motion for
reconsideration, Local Rule 7.4 has been succeeded by Local Rule
of Civil Procedure 7.3 (“Rule 7.3").  Like its predecessor, Local
Rule 7.3 requires that motions for reconsideration be filed
within ten days after the entry of the order sought to be
reconsidered. See LRCi 7.3 (Jan. 25, 2008).
2  The ten-day deadline expired on October 23, 2007, since
intervening weekends were excluded, and there were no legal
holidays that fell within that period. See Fed. R. Civ. P. 6
(2005); LRCi 6.1 (2008); 1 V.I.C. § 171 (1999).
after the entry of the order or decision unless the time is
extended by the Court.  Extensions will only be granted
for good cause shown.” LRCi 7.4 (2000).1  
Additionally, Federal Rule of Civil Procedure 6(b) (“Rule
6(b)”) states:
When by these rules or by a notice given thereunder or by
order of court an act is required or allowed to be done at
or within a specified time, the court for cause shown may at
any time in its discretion (1) with or without motion or
notice order the period enlarged if request therefor is made
before the expiration of the period originally prescribed or
as extended by a previous order, or (2) upon motion made
after the expiration of the specified period permit the act
to be done where the failure to act was the result of
excusable neglect . . . .
Fed. R. Civ. P. 6(b) (2005).
The Defendants filed their motion for reconsideration on
November 19, 2007, after the ten-day deadline imposed by Local
Rule 7.4.2  They assert that their attorney was not served with
the October 9, 2007, Order until November 2, 2007, despite being
registered on this Court’s Case Management and Electronic Case
Case: 3:04-cv-00159-CVG-GWB   Document #: 47   Filed: 05/12/08   Page 2 of 4
Pacific Business Capital, Corp. v. Little Switzerland, Inc., et al.
Civil No. 2004-159
Order
Page 3
Filing system and listed as the attorney of record for the
Defendants in this matter.  As such, they claim that the ten-day
period for filing expired on November 19, 2007.
A review of the record in this matter, including the notice
of electronic filing associated with the October 9, 2007, Order,
reveals that the Defendants’ attorney was never served with that
Order, electronically or otherwise.  Under these circumstances,
the Court will reconsider its October 9, 2007, Order.
Accordingly, it is hereby
ORDERED that the motion for an extension time is GRANTED.
      
S\                         
     Curtis V. Gómez
       Chief Judge
Copies:
Marshall Bell, Esq.
Christopher A. Kroblin, Esq.
Bailey Figler, Esq.
Case: 3:04-cv-00159-CVG-GWB   Document #: 47   Filed: 05/12/08   Page 3 of 4
Pacific Business Capital, Corp. v. Little Switzerland, Inc., et al.
Civil No. 2004-159
Order
Page 4
Case: 3:04-cv-00159-CVG-GWB   Document #: 47   Filed: 05/12/08   Page 4 of 4