Bobax Ventures, LP v. Innercircle logistics, Inc. and John A. Clendenin

CourtSuperior Court of The Virgin Islands
DecidedJanuary 25, 2022
DocketSX-15-CV-173
StatusPublished

This text of Bobax Ventures, LP v. Innercircle logistics, Inc. and John A. Clendenin (Bobax Ventures, LP v. Innercircle logistics, Inc. and John A. Clendenin) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobax Ventures, LP v. Innercircle logistics, Inc. and John A. Clendenin, (visuper 2022).

Opinion

SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX

BOBAX VENTURES, LP, PLAINTIFF, | Civil No. SX-2015-CV-173 v. ACTION FOR DEBT AND BREACH OF CONTRACT INNERCIRCLE LOGISTICS, INC anp % JOHN A. CLENDENIN, CITE AS: 2022 VI SUPER _-+ DEFENDANTS. Appearances:

Charlotte S. Sheldon, Esq. McChain Hamm & St. John, LLP Christiansted, U.S. Virgin Islands

For Plaintiff MEMORANDUM OPINION AND ORDER WILLOCKS, Presiding Judge

41 THIS MATTER came before the Court on Plaintiff Bobax Ventures, LP’s (hereinafter “Plaintiff") motion for attorney’s fees and costs pursuant to Rule 54 of the Virgin Islands Rules of Civil Procedure, filed on December 30, 2021. BACKGROUND

12 OnDecember 8, 2021, the Court entered an order and judgment whereby the Court ordered, inter alia, that Plaintiff's October 22, 2020 motion for default judgment is granted, that Plaintiff's request for costs including reasonable attorney's fees is denied without prejudice, a judgment by default entered in favor of Plaintiff against Defendant Innercircle Logistics, Inc. (hereinafter “Innercircle") and Defendant John A. Clendenin (hereinafter “Clendenin” and together with

Innercircle, “Defendants”), and that this matter is closed. (Dec. 8, 2021 Order and Judgment.) Bobax Ventures, LP v. innercircie Logistics, Inc, et al. SX-2015-CV-173

Memorandum Opinion and Order 2022 VI SUPER Page 2 of 12

13 On December 30, 2021, Plaintiff filed this instant motion for attorney's fees and costs. ' STANDARD OF REVIEW

14 Rule 54 of the Virgin fslands Rules of Civil Procedure (hereinafter “Rule 54”) and Title 5

V.LC. § 541 govern the allowable costs to a prevailing party. Rule 54 provides in relevant part:

(d) Costs, Including Attorney's Fees. (1) Application.

(A) Within 30 days after the entry of a final judgment or a judgment allowing costs, the prevailing party shall serve on the adverse party and file with the court a bill of costs, together with a notice of motion when application wil! be made to the court to tax the same. Chapter 45 of Title 5 of the Virgin Islands Code governs such applications and includes specific provisions dealing with actions involving infant plaintiffs, parties acting in a representative capacity, and public corporations as parties. (B) As provided in 5 V.LC. § 521(b) and § 541, costs which may be allowed in a civil action include:

(i) Fees of officers, witnesses, and jurors;

{ii) Necessary expenses of taking depositions which were reasonably

necessary in the action;

(iii) Expenses of publication of the summons or notices, and the postage

when they are served by mail;

(iv) Compensation of a master as provided in Rule 53;

(v) Necessary expense of copying any public record, book, or document

used as evidence on the trial; and

(vi) Attorney's fees as provided in subpart (d)(2) of this Rule. (C) A bill of costs shall precisely set forth each item thereof, so that the nature of the charge can be readily understood, and -- in accord with 5 V.LC. § 543(b)~= the party claiming any item of cost shall attach thereto an affidavit, made personally or by a duly authorized attorney or agent having knowledge of the facts, stating that:

(i} the items are correct;

(ii) the services were actually and necessarily performed; and

(iii) the disbursements were necessarily incurred in the action or

proceeding.

' The entry of a final judgment in this matter terminated the Court's jurisdiction except for certain collateral matters like motions for fees and costs. Cf. Yearwood Enters., Inc. v. Antilles Gas Corp., 69 V.1. 863, 870 {V.I. 2018) (°The proposition that the Superior Court should only retain jurisdiction over motions for fees and costs if those motions are filed before the entry of a final order — whether in the form of voluntary dismissal or otherwise — finds no support in the decisions of Virgin Islands courts and contradicts the longstanding rules of practice in this jurisdiction.... Therefore, we hold that the Superior Court retained jurisdiction to consider a motion for attorney's fees following the voluntary dismissal of an action regardless of whether that motion was filed before or after the notice of dismissal.”). Thus, the Court has jurisdiction over Plaintiff’s instant motion. Bobax Ventures, LP v. Innercircle Logistics, Inc, et cl.

SX-2015-CV-173 = Memorandum Opinion and Order 2022 VI SUPER + Page 3 of [2

Copies of all invoices in support of the request for each item shall be appended to the verified bill of costs. (D) As provided in 5 V.LC. § 543(a) and (c), costs which a party is entitled to recover must be taxed, whether or not they have been paid by such party. Upon allowance the bill of costs shall be included in the judgment or decree.

(E) Upon failure of the prevailing party to comply with this Rule, all costs may be waived. (2) Attorney's Fees.

(A) Generally. As provided in5 V.LC. § 541 the measure and mode of compensation of attorneys shali be left to the agreement, express or implied, of the parties; but there shall be allowed to the prevailing party in the judgment such sums as the court in its discretion may fix by way of indemnity for attorney's fees incurred in maintaining the action or defenses thereto; provided, however, the award of attorney's fees in personal injury cases is prohibited unless the court finds that the complaint ftled or the defense is frivolous as defined in that statute.

V.LR. Civ. P. 54(d); see Title $ V.LC. § 5412 DISCUSSION {5 In its motion, Plaintiff requested “an award of costs and attorney’s fees expending in

litigating this matter™

as follows: “attorney’s fees in the amount of $8,222.25, costs in the amount of $1,160.15, and paralegal fees in the amount of $350.00.” (Motion, pp. 2-3). Plaintiff made the following assertions in support of its request: (i) “Regarding the attorney’s fees, the time and labor required for this debt and breach of contact action was commensurate for any similar breach of contract action.” (Id., at p. 3); (ii) “Counsel's acceptance of this matter precluded other employment due to the nature of time constraints and the priority of this matter to recoup the large

sum owed to Plaintiff.” (Id.); (iii) “The fees charged by the counsel who handled this matter are

similar to and proportionate with similar fees for a similar action for breach of contract, debt, and

* Title § V.LC. § 541 provides that “[Flor the purposes of this section, “frivolous” means: (i) without legal or factual merit; or (ji) for the purpose of causing unnecessary delay: or (iii) for the purpose of harassing an opposing party.” Title $ V.1.C. § 541 (c).

* Plaintiff referenced: Roy v. Poleon, 2018 WL 672399, at *1 (V.1. Super. Ct. Dec. 14, 2014); Tile § V.LC. § 541(b). Bobax Ventures, LP v, innercircle Logistics, inc, et al.

§X-2015-CV-173 Memorandum Opinion and Order 2022 VI SUPER + Page 4 of 12

foreclosure action.”* (Id.); (iv) “Plaintiff has been a client of counsel's firm and the predecessor firm for many years” and “[a]ll of the attorneys who have handled this matter on behalf of Plaintiff are reputable and are capable to handle matters such as this.” (Id., at p. 4); and (v) “Rule 54(d)(1)(B)(i)(vi) allows for recovery of expenses from depositions and the service of summons, among others” and “[t]he costs expended here are reasonable and recoverable.” (Id.) A copy of Charlotte $. Sheldon, Esq.’s affidavit for attorney’s fees and costs, dated December 30, 2021 (hereinafter “Sheldon Affidavit”) were attached to the motion as exhibit | and copies of the following itemized invoices were collectively attached to the motion as exhibit 2: Invoice No. 839 from McChain Hamm & Associates (12/29/2021), LLP, Invoice No.

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Bobax Ventures, LP v. Innercircle logistics, Inc. and John A. Clendenin, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobax-ventures-lp-v-innercircle-logistics-inc-and-john-a-clendenin-visuper-2022.