DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
 
 
 
 
 
 
) 
HON. CLAUDE EARL WALKER, Attorney  
) 
General of the Virgin Islands of the United  
) 
States, in his official capacity; and the  
 
) 
GOVERNMENT OF THE VIRGIN ISLANDS  ) 
OF THE UNITED STATES, 
 
 
) 
 
 
 
 
 
 
 
) 
Petitioners, 
 
 
) 
Civil Action No. 2018-0001 
 
 
 
 
 
 
 
) 
v. 
 
 
 
 
) 
 
 
 
 
 
 
 
)  
 
AMERICAN EXPRESS CENTURION BANK 
) 
and AMERICAN EXPRESS BANK, FSP., 
) 
 
 
 
 
 
 
 
) 
 
 
 
Respondents.  
 
) 
__________________________________________) 
 
Attorneys: 
Carol Thomas-Jacobs, Esq., 
St. Thomas, U.S.V.I. 
David I. Ackerman, Esq., 
Washington, D.C. 
 
For Petitioners 
 
Chad C. Messier, Esq., 
St. Thomas, U.S.V.I. 
David S. Lesser, Esq., 
New York, N.Y. 
David W. Ogden, Esq., 
Washington, D.C. 
 
For Respondents 
 
ORDER 
 
 
UPON CONSIDERATION of the Magistrate Judge’s Report and Recommendation 
(“R&R”) (Dkt. No. 20); “Respondents’ Objections to Report And Recommendation” (Dkt. No. 
22); Petitioners’ Response thereto (Dkt. No. 34); and Respondents’ Reply (Dkt. No. 35); and for 
the reasons set forth in the Memorandum Opinion filed contemporaneously herewith, it is hereby 
ORDERED that the Magistrate Judge’s R&R is REJECTED; and it is further  
Case: 1:18-cv-00001-WAL-GWC   Document #: 36   Filed: 09/17/20   Page 1 of 2
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ORDERED that this Court shall retain jurisdiction over this case; and it is further 
 
ORDERED that Petitioners shall have up to and including October 2, 2020 within which 
to file supplemental briefing regarding the merits of their Petition, including any impact that the 
intervening proceedings in the New York state court system has on the matter; and it is further 
ORDERED that Respondents shall have up to and including October 16, 2020 within 
which to file their Response; and it is further  
ORDERED that Petitioners shall have up to and including October 23, 2020 within which 
to file any Reply. 
SO ORDERED. 
Date: September 17, 2020  
 
 
_______/s/________ 
 
 
 
 
 
 
 
WILMA A. LEWIS 
Chief Judge 
 
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