DISTRICT COURT OF THE VIRGIN ISLANDS 
 
 
 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
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MILES LIVINGSTON, ANNA  
 
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LIVINGSTON and CHRISTOPHER   
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GLAVACH, 
 
 
 
 
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1:19-cv-00012 
 
 
 
Plaintiffs, 
 
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v. 
 
 
 
 
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LOUIS BERGER formerly LOUIS   
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BERGER GROUP, VIRGIN ISLANDS  
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WATER & POWER AUTHORITY, and 
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BLUESOURCE, LLC,  
 
 
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Defendants.  
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________________________________________________ ║ 
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LOUIS BERGER GROUP, INC.,  
 
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Third-Party Plaintiff,  
 
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v. 
 
 
 
 
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BLUESOURCE, LLC,   
 
 
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Third-Party Defendant.  
 
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________________________________________________ ║ 
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LOUIS BERGER GROUP, INC.,  
 
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Third-Party Plaintiff,  
 
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v. 
 
 
 
 
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ACP, LLC,  
 
 
 
 
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Third-Party Defendant.  
 
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________________________________________________ ║ 
 
TO: 
Lee J. Rohn, Esq. 
 
Eugenio W.A. Geigel-Simounet, Esq. 
Scot F. McChain, Esq.  
Case: 1:19-cv-00012-WAL-EAH     Document #: 200     Filed: 03/19/21     Page 1 of 3
Miles Livingston et al. v. Louis Berger et al.  
1:19-cv-00012 
Order Denying Without Prejudice Defendant-Third Party Plaintiff Louis Berger Group Inc.’s Motion to Compel 
Plaintiffs to Answer Written Discovery 
Page 2 
 
 
 
Yohana M. Manning, Esq.  
Carl A. Beckstedt, III, Esq.  
Daryl C. Barnes, Esq. 
James L. Hymes, III, Esq.  
Warren B. Cole, Esq. 
 
 
ORDER DENYING WITHOUT PREJUDICE DEFENDANT-THIRD PARTY PLAINTIFF LOUIS 
BERGER GROUP INC.’S MOTION TO COMPEL PLAINTIFFS TO ANSWER WRITTEN 
DISCOVERY 
 
THIS MATTER is before the Court upon Defendant-Third Party Plaintiff Louis Berger 
Group, Inc.’s, Motion to Compel Plaintiffs to Answer Written Discovery (ECF No. 176). The 
time to respond has passed.  
 As a threshold matter, Local Rule 37.1 requires that “[p]rior to filing any motion 
relating to discovery pursuant to Federal Rules of Civil Procedure 26-37…counsel for the 
parties shall confer in good faith effort to eliminate the necessity for the motion or to 
eliminate as many of the disputes as possible.” LRCi 37.1. The moving party must also serve 
a letter requesting a conference and the letter “shall identity each issue and/or discovery 
request in dispute, state briefing with respect to each the moving party’s position (and 
provide any legal authority), and specify the terms of the discovery order to be sought.” Id.  
Local Rule 37.2(a) further requires that “[i]f counsel are unable to resolve all of their 
differences, they shall formulate and sign a written stipulation to that effect, expressly 
certifying their compliance with LRCi 37.1. The stipulation shall include the moving party’s 
letter requesting a pre-filing conference of counsel and shall be filed and served with the 
motion.” LRCi 37.2(a). Local Rule 37.2(c) mandates that this “Court will not consider any 
Case: 1:19-cv-00012-WAL-EAH     Document #: 200     Filed: 03/19/21     Page 2 of 3
Miles Livingston et al. v. Louis Berger et al.  
1:19-cv-00012 
Order Denying Without Prejudice Defendant-Third Party Plaintiff Louis Berger Group Inc.’s Motion to Compel 
Plaintiffs to Answer Written Discovery 
Page 3 
 
 
 
discovery motion in the absence of (1) the signed stipulation and certification required by 
LRCi 37.2(a), or (2) a declaration from counsel for the moving party establishing that 
opposing counsel:  
(1) failed to confer in a timely manner after receipt of a letter requesting a 
conference under LRCi 37.1; or  
(2) refused to sign the stipulation and certification required by LRCi 37.2(a).” 
LRCi 37.2(a)-(c)(1)-(2).  
Although Louis Berger Group, Inc., complied with LRCi 37.1 by serving a letter 
requesting a pre-filing conference, it did not comply with LRCi 37.2 that requires a signed 
stipulation and certification or a declaration from the moving party.  
WHEREFORE, it is now hereby ORDERED: 
Defendant-Third Party Plaintiff Louis Berger Group, Inc.’s, Motion to Compel 
Plaintiffs to Answer Written Discovery (ECF No. 176) is DENIED WITHOUT 
PREJUDICE. 
 
 
 
 
 
 
 
 
ENTER: 
 
Dated: March 19, 2021 
 
 
 
/s/ George W. Cannon, Jr. 
 
 
 
 
 
 
 
 
 
 
GEORGE W. CANNON, JR. 
 
 
 
 
 
 
 
U.S. MAGISTRATE JUDGE 
Case: 1:19-cv-00012-WAL-EAH     Document #: 200     Filed: 03/19/21     Page 3 of 3