DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
5
HENRY SHROPSHIRE,
5
5
Plaintiff,
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2007-CV-0057
v.
5
5
SEALEGS AT CORAL BAY, INC. d/b/a
5
SKINNY LEGS and
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JANE DOE CORPORATION
5
Plastic Chair Manufacturer, 
5
5
Defendants. 5
__________________________________________5
TO:
Darwin K. Carr, Esq.
Garry E. Garten, Esq.
ORDER GRANTING DEFENDANT SEALEGS AT CORAL BAY, INC. d/b/a
SKINNY LEGS’ MOTION TO DISMISS OR TRANSFER AND MOTION TO DEEM
CONCEDED THE MOTION TO DISMISS OR TRANSFER
THIS MATTER is before the Court upon Defendant Sealegs at Coral Bay, Inc. d/b/a
Skinny Legs’ Motion to Dismiss or Transfer (Docket No. 4) and Motion to Deem Conceded
the Motion to Dismiss or Transfer (Docket No. 9).  Plaintiff failed to respond to either
motion, and the time for such response has expired.
In the absence of any opposition, the Court will grant said Defendant’s motion to
deem conceded and will transfer this matter to the Division of St. Thomas and St. John.
Case: 3:09-cv-00053-CVG-GWB   Document #: 10   Filed: 11/07/07   Page 1 of 3
Shropshire v. Sealegs at Coral Bay, Inc.
2007-CV-0057
Order Granting Defendant Sealegs at Coral Bay, Inc. d/b/a Skinny Leg’s Motions
Page 2
1.  The Court notes that said Defendant filed Notice of Filing Corrected Caption (Docket No. 6), Answer
(Docket No. 7), and Entry of Appearance (Docket No. 8) all ostensibly to substitute Defendant’s correct title
in the caption.  However, a glance at said documents reveal that the caption of all three (3) documents still
contain the “John Doe Corporation” designation of said Defendant.  The caption shall appear as hereinabove,
except, of course, that this matter is transferred to the Division of St. Thomas and St. John and will bear the
name of that division and that division’s civil number.
Additionally, the Court finds that no “genuine articulable controversy” exists in
favor of choosing St. Croix as the division for filing.  Therefore, consistent with this Court’s
Order Regarding Cases Transferred to the Other Division, entered August 6, 2001, the
Court shall award said Defendant its costs and attorney’s fees associated with and related
to filing the said motion to transfer.
WHEREFORE, it is now hereby ORDERED:
1.
Defendant Sealegs at Coral Bay, Inc. d/b/a Skinny Legs’ Motion to Deem
Conceded the Motion to Dismiss or Transfer (Docket No. 9) is GRANTED.
2.
Defendant Sealegs at Coral Bay, Inc. d/b/a Skinny Legs’ Motion to Dismiss
or Transfer (Docket No. 4) GRANTED.
3.
The above-captioned matter is TRANSFERRED to the Division of St.
1
Thomas and St. John.  The Clerk of Court shall forward a copy of the file to
said division.
Case: 3:09-cv-00053-CVG-GWB   Document #: 10   Filed: 11/07/07   Page 2 of 3
Shropshire v. Sealegs at Coral Bay, Inc.
2007-CV-0057
Order Granting Defendant Sealegs at Coral Bay, Inc. d/b/a Skinny Leg’s Motions
Page 3
4.
Plaintiff shall pay, upon the Court’s approval of such sums, said Defendant’s
costs and attorney’s fees associated with and related to the filing of said
motion.
5.
Said Defendant shall, within five (5) days from the date of entry of this order,
file an affidavit or certification regarding their costs and attorney’s fees
associated with and related to the filing of said motion
ENTER:
Dated: November 7, 2007
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 3:09-cv-00053-CVG-GWB   Document #: 10   Filed: 11/07/07   Page 3 of 3