DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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WINSTON FRANCIS, JR., as the personal
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representative of the Estate of Winston
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Francis, Sr.[,] and as the administrator of the 5
2006-CV-0082
Estate of Winston Francis, Sr.,
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Plaintiff,
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v.
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BANK OF NOVA SCOTIA,
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Defendant.
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__________________________________________5
TO:
Joel H. Holt, Esq.
James Bernier, Jr., Esq.
ORDER REGARDING PLAINTIFF’S MOTION FOR SANCTIONS
THIS MATTER came before the Court upon Plaintiff’s Motion For Sanctions (Docket
No. 169).  Defendant filed an opposition to said motion, and Plaintiff filed a reply thereto.
Plaintiff seeks sanctions pursuant to LRCi 3.2(f)(2), alleging that a representative of
the insurance carrier for Defendant was not present at either the first or the second
mediation held in this matter as required by LRCi 3.2(f)(2)(B).  While Defendant admits that
Defendant has excess insurance coverage, its primary insurance is provided by
ScotiaInsurance which is wholly owned by Defendant.  Response in Opposition at 1.
Case: 1:06-cv-00082-RLF-GWC   Document #: 186   Filed: 06/11/08   Page 1 of 2
Francis  v. The Bank of Nova Scotia
2006-CV-0082
Order Denying Plaintiff’s Motion For Reconsideration
Page 2
Defendant further maintains that the party representative who was in attendance at both
mediations was “authorized to act on behalf of ScotiaInsurance and the excess carriers at
mediation.”  Id. at 2.
Based upon the representations of Defendant, that its representative had full
authority to settle the matter without further consultation, the Court finds that Defendant
did not violate the requirements of LRCi 3.2(f)(2).
Accordingly, it is now hereby ORDERED Plaintiff’s Motion For Sanctions (Docket
No. 169) is DENIED.
ENTER:
Dated: June 11, 2008
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:06-cv-00082-RLF-GWC   Document #: 186   Filed: 06/11/08   Page 2 of 2