Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo

Superior Court of The Virgin Islands·Decided July 26, 2022·No. SX-05-CV-661·Published

Opinion

SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX

DUTCH WEST INDIES TRADING Case No SX 2005 CV 00661 COMPANY INC D/B/A BANDWITH VI COMPANY, HURRICANE Action for Breach of Contract and COMMUNICATIONS LLLP, Damages BLUEWATER BOTTOMLINE LLC PALO DURO COMMUNICATIONS, INC Jury Trial Demanded NEUTRON COMMUNICATIONS LLC AND STORM COMMUNICATIONS LLC

PLAINTIFFS,

v.

RALPH ADDINGTON SWP HOLDING, LLC ARCOM COMMUNICATION LLC SBA TOWERS USVI HUNTER LOGAN AND NICHOLS NEWMAN LOGAN & D ERAMO,

DEFENDANTS

Cite as 2022 VI Super 69

Appearances

Lee J Rohn, Esq Lee J Rohn and Associates, LLC St Croix V1 00820 For PlamnflDutch West Indzes Tradmg Company Inc (1 b a Bandwzdth VI Company

Michael J Tedesco, Esq Andreozzi Bluestein LLP Clarence NY 14031 For Plamttfifs Hurrzcane Commumcanons LLLP Bluewater Bottomlme LLC Palo Duro Commumcatzons Inc Neutron Commumcatzons LLC and Storm Communications LLC

Edward L Barry, Esq Law Offices of Edward L Barry P C Christiansted V1 00820 For Defendants Ralph Addmgton SWP Holdings LLC and Arcom Commumcanons LLC

Dutch W Indies Tradmg Co e! a] v Addmgton e! a] 2022 VI Super 69 SX 2005 CV 0066] MEMORANDUM OPINION AND ORDER Page 2 of IS

Justin K Holcombe, Esq Dudley Newman Feuerzeig LLP St Thomas V100804 For Defiandant SBA Towers USVI Inc

W Mark Wilczynski, Esq Lauren N Wright, Esq Law Offices of W Mark Wilczynski PC St Thomas V100804 For Defendants Hunter Logan Esq and Nlchols Newman Logan and D Eramo P C '

MEMORANDUM OPINION AND ORDER WILLOCKS Preszdmg Judge '1 THIS MATTER is before the Court sua sponte For the reasons stated below, the Court, in its capacity as Presiding Judge of the Superior Court overrules the decision of the Complex Litigation Division judge, which declined to designate this case as complex I FACTUAL AND PROCEDURAL BACKGROUND ‘2 Plaintiffs Dutch West Indies Trading Company doing business as Bandwidth VI Company (hereinafter “Bandwidth VI’) Hurricane Communications, LLLP, Bluewater Bottomline, LLC, Palo Duro Communications Inc Neutron Communications, LLC, and Storm Communications, LLC commenced this action in 2005 for breach of contract fraud conspiracy, and legal malpractice, among other causes of action They seek damages (including punitive damages), a declaratory judgment, and specific performance among other remedies fi3 According to the Complaint this action arose from a plan to build a wireless data services networks in Puerto Rico and the Virgin Islands in the fall of 200] Bandwidth VI learned that Ralph Addington (hereinafter Addington’) SWP Holdings LLC (hereinafter “SWP”), and Arcom Communications LLC (hereinafier Arcom ) planned to sell several “properties, lease fee holdings and

I At all times relevant to this Memorandum Opinion and Order counsel for these Defendants was Henry C Smock Esq

Dutch W Indies Trading Co e! a! v Addington e! a] 2022 VI Super 69 SK 2005 CV 0066! MEMORANDUM OPINION AND ORDER Page 3 of 13

2 way radio business as [a] package deal for l 4 million dollars (Am Compl ‘ l7 ) Five properties were to be sold, three of which contained towers owned by SBA Towers USVI, Inc (hereinafter SBA ) Bandwidth VI obtained an option from Addington SWP and Arcom to purchase the properties Bandwidth VI then leased space on the towers from SBA and entered into a joint venture with Bluewater Bottomline, LLC (hereinafter ‘Bluewater ) to further the project Bandwidth VI and Bluewater formed several partnerships including Hurricane Communications LLLP, Storm Communications LLP Neutron Communications LLC and Palo Duro Communications, Inc to raise capital, and deve10p and then manage the project Bandwidth VI and Bluewater and the partnerships and companies they formed will be referred to hereinafter as Plaintiffs collectively 1:4 Plaintiffs retained Hunter Logan, Esq and the former law firm of Nichols, Newman, Logan, and D’Eramo, P C to advise and assist in the transactions with Addington, SWP, Arcom, and with SBA Plaintiffs admit that Attorney Logan and his firm had disclosed to them that the firm had represented SBA in the past and had drawn up lease agreements between SBA and Addington, Arcom, and SWP But Plaintiffs contend that Attorney Logan and the firm failed to disclose that SBA was given a right of first refusal over the same ground leases being sold by Addington Arcom, and SWP to Plaintiffs Plaintiffs further contend that Attorney Logan and the firm advised them to go forward with the purchase agreement with Addington, Arcom, and SWP, even though they knew or should have known that the right of first refusal was an encumbrance and a cloud on the titles ‘5 SBA eventually learned of the pending transaction between Plaintiffs and Addington, Arcom, and SWP and informed them all of its right of first refusal on three of the five properties Plaintiffs intended to buy the same three properties on which SBA s towers stood This lawsuit followed after the transaction fell through Plaintiffs sued Addington Arcom SWP Attorney Logan and his law firm, and SBA for breach of contract (as to Addington SWP and Arcom) for fraud (as to Addington SWP, and

Dutch W Indies Trading Co e! a! v Addmgton e! a] 2022 VI Super 69 SK 2005 CV 0066] MEMORANDUM OPINION AND ORDER Page 4 of 13

Arcom), for tortious interference (as to SWP), for conspiracy (all Defendants), for legal malpractice and breach of contract (as to Attorney Logan and the law firm), for declaratory judgment that no right of first refusal exists (as to SBA), for specific performance (as to Addington, Arcom, and SWP), and for a declaratory judgment that they are not liable for rent on the towers from the assertion of the right of first refusal until specific performance is ordered (as to SBA) 116 Defendants Attorney Logan and the law firm appeared and answered the complaint on December 15, 2005 Defendants Addington, Arcom, and SWP appeared on December 20, 2005, and moved to dismiss for failure to state a claim for relief That motion remains pending SBA appeared and answered the complaint on December 28, 2005, and counterclaimed against Bandwidth V1 for unpaid rent on the five year Antenna Site Agreement SBA then moved for summary judgment and to stay discovery, which Plaintiffs opposed Both motions remain pending Several discovery related motions and stipulations were filed Other than a recusal order and orders concerning the withdrawal and appearance of counsel, no other orders were entered by a Superior Court judge until March 21, 2019, when the Court (Meade, J ) scheduled this matter for a status conference on April 11, 2019 The Court heard from the parties, directed them to meet and confer and submit a proposed scheduling order, and then referred this matter to mediation 1|7 By order dated August 29 2019 entered August 30 2019 the Court (Meade J ) sua sponte referred this matter to the Complex Litigation Division for the Judge (Molloy, J ) to determine whether this case should be designated complex In response, Defendants Addington, SWP, and Arcom said they took no position but actually opposed treating the case as complex, they believed there really should only be one plaintiff which would simplify the case Defendants Logan and the firm did not respond Plaintiffs supported designating the case as complex, noting that, even though it does not fit within any of the presumptively complex categories, it “certainly requires exceptional judicial management to ensure that it is brought forward in an efficient manner[,]” in part because “[t]here are several parties on each side of

Dutch W Indies Trading Co 6! a] v Addmgton er a! 2022 VI Super 69 SX 2005 CV 0066] MEMORANDUM OPINION AND ORDER Page 5 of 13

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Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo, (visuper 2022).

Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo (Dutch West Indies Trading Company, Inc. d/b/a Bandwith VI Company; Hurrican Communications, LLLP; Palo Duro Communications, Inc.; Neutron Communications, LLC; and Storm Communications, LLC v. Ralph Addington, SWP Holding LLC; Arcom Communication, LLC; SBA Towers USVI; Hunter Logan; and Nichols, Newman, Logan & D'eramo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.