DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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KATHY ORTIZ,
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Plaintiff,
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1:07-cv-32
v.
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5
KMART CORPORATION,
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Defendant/Third-Party Plaintiff, 
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5
v.
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SUNSHINE SHOPPING CENTER, INC.,
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Third-Party Defendant.
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__________________________________________5
TO:
Joel H. Holt, Esq.
Wilfredo A. Geigel, Esq.
Patrick D. Blake, Esq.
ORDER
THIS MATTER came before the Court upon Third-Party Defendant Sunshine
Shopping Center’s Motion to Compel (Docket No. 53).  Defendant/Third-Party Plaintiff
filed an opposition to said motion.  This order is issued without necessity of reply.
Third-Party Defendant requests the Court to compel the depositions of Rafael
Arroyo and Defendant/Third-Party Plaintiff’s 30(b)(6) representative for January 13 or 14,
2010.  Defendant/Third-Party Plaintiff, in its opposition,  states that counsel is available, but
Case: 1:07-cv-00032-RLF-GWC   Document #: 55   Filed: 01/11/10   Page 1 of 2
Ortiz v. Kmart Corporation
1:07-cv-32
Order
Page 2
that counsel needs to confirm the availability of the witnesses.  Since the filing of the said
opposition, counsel for Third-Party Defendant has communicated to the undersigned that
counsel for both parties have agreed to schedule the said depositions for January 14, 2010,
at 3:00 p.m.
Being advised in the premises of the said motion and in view of the fact that the
parties have come to an agreement, it is now hereby ORDERED that Third-Party
Defendant’s Motion to Compel (Docket No. 53) is DENIED AS MOOT.
ENTER:
Dated: January 11, 2010
/s/ George W. Cannon, Jr.                           
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:07-cv-00032-RLF-GWC   Document #: 55   Filed: 01/11/10   Page 2 of 2