Luis Magras v. National Industrial Services, LLC, Pinnacle Services, LLC, and Limetree Bay Terminals, L.L.C.

• Court: Superior Court of The Virgin Islands
• Decided: May 13, 2021
• Docket: SX-17-CV-435
• Status: Unpublished

Opinion

SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST CROIX LUIS MAGRAS PLAINTIFF, Civil No SX 17 CV 435

v ACTION FOR DAMAGES NATIONAL INDUSTRIAL SERVICES JURY TRIAL DEMANDED LLC PINNACLE SERVICES LLC AND LIMETREE BAY TERMINALS L L C CITE AS 2021 VI SUPER & DEFENDANTS

MEMORANDUM OPINION AND ORDER

1] 1 THIS MATTER came before the Court on Defendant National Industrial Services, LLC’s

(hereinafter “NIS”) motion to stay lawsuit pending arbitration, filed on April 14, 2021 As of the

date of this order, no opposition has been filed in response

BACKGROUND

1[ 2 On December 18, 2017, Plaintiff Luis Magras’ (hereinafier “Plaintiff”) filed a complaint

against Defendant N18 and Defendant Pinnacle Services, LLC (hereinafter “Pinnacle”) in

connection with Plaintiff‘s employment with Defendant N18

1[ 3 On January 17, 2018, Defendant NIS filed a motion to dismiss or stay lawsuit in lieu of

arbitration In response, Plaintiff filed an opposition and Defendant NIS filed a reply thereto On

January 19, 2018, Defendant Pinnacle filed a motion to stay pending arbitration In response,

Plaintiff filed an opposition and Defendant Pinnacle filed a reply thereto

11 4 On September 26, 2018, Defendant Pinnacle filed a motion for leave to file supplemental

brief in support of arbitration and attached its supplemental brief in support of arbitration On

October 2, 2018, Defendant NIS filed a joinder to Defendant Pinnacle’s motion for leave to file

supplemental brief in support of arbitration and Defendant Pinnacle’s supplemental brief in

support of arbitration On October 22, 2018, Plaintiff filed an opposition to Defendant Pinnacle’s Magrasv National Industrial Servzces LLC et a1

fifeflgi'ZnCdiinfgpinion and Order 2021 V1 SUPER E Page 2 of 4

supplemental brief in support of arbitration The Court subsequently granted Defendant Pinnacle’s

motion for leave to file supplemental brief in support of arbitration

1| 5 On Januaiy 21, 2020, Defendant NIS filed a notice of additional authority in support of

arbitration On February 5, 2020, the Court entered an order whereby the Court converted

Defendant NlS’s motion to dismiss or stay lawsuit in lieu of arbitration into a motion for summary

judgment and ordered N18 to submit a supplemental brief, Plaintiffto submit an opposition thereto,

and Defendant N18 to submit a reply thereto On February 26 2020 Defendant NIS filed a

supplemental brief as ordered by the Court On February 22, 2020, Defendant Pinnacle filed a

joinder to Defendant NIS s February 26 2020 supplemental brief On January 23 2021 Defendant

NIS filed a notice of pending motion to compel arbitration and request for ruling on the motion

On March 25, 2021, the Court to granted Plaintiffs motion to amend complaint to add Limetree

Bay Terminals, L L C as a defendant in Plaintiff’s first amended complaint

1| 6 On April 4, 2021, Defendant NIS filed this instant motion to stay lawsuit pending

arbitration

DISCUSSION

11 7 In its motion to dismiss or stay lawsuit in lieu of arbitration, filed on January 17, 2018,

Defendant NIS argued that Plaintiff is required to arbitrate all his claims in this matter pursuant to

a release and waiver of rights Plaintiff executed and that this matter must he stayed or dismissed

pending arbitration In its supplemental brief, filed on February 26, 2020, Defendant NIS reiterated

its argument that Plaintiff is required to arbitrate all his claims in this matter pursuant to a release

and waiver of rights Plaintiff executed and that this matter must be stayed or dismissed pending

arbitration In its instant motion to stay lawsuit pending arbitration, Defendant NIS again reiterated

its argument and indicated that it “expressly references and incorporates all prior argument and Magras v National Industrial Serwces LLC, et a1

1811):;ZLZIICdZIt‘i33pinion and Order 2021 VI SUPER M Page 3 of 4

briefing filed by NIS in support of its position that this case should be stayed or dismissed while

the action proceeds in arbitration, specifically including, but not limited to, NIS’ prior Motion to

Dismiss or Stay Lawsuit in Lieu of Arbitration, dated January 17, 2018; Reply in Support of

National Industrial Services’ Motion to Dismiss or Stay Lawsuit In Lieu of Arbitration, dated

February 20, 2018, Joinder to Defendant Pinnacle Services, LLC’s Motion for Leave to File

Supplemental Brief, dated October 2, 2018, Notice of Additional Authority in Support of

Arbitration dated January 21 2020 and Supplemental Brief in Support of [NIS] Motion to

Dismiss or Stay Lawsuit in Lieu of Arbitration, dated February 25, 2020 ”' (Motion, p l n 1)

1| 8 Here, the Court finds that Defendant NIS implicitly withdrew its prior motion to dismiss

or stay lawsuit in lieu of arbitration when it filed this instant motion See In re Refinery Dust

Claims 72 V I 256 290 (Super Ct Dec 13 2019) (citing Mztchell v Gen Eng g Corp 67 V I

271, 278 (Super Ct Feb 23, 2017) (“a motion can also be deemed withdrawn based on certain

actions or inactions of the party who filed the motion”) The Court further finds that, in its instant

motion, Defendant NIS essentially tasked the Comt with weaving together its arguments from all

of its prior briefings related to the issue of arbitration The Court will decline doing Defendant

NIS’s legwork, the Court is already overburdened At this juncture, the Court will deny without

prejudice Defendant NIS’s instant motion, order that all arguments previously raised are preserved,

and give Defendant NIS the opportunity to refile its motion with all the arguments it wishes to

assert

CONCLUSION

1] 9 Based on the foregoing, the Court will deem Defendant NIS’s prior motion to dismiss or

stay lawsuit in lieu of arbitration withdrawn, deny without prejudice Defendant NIS’s motion to

' In its instant motion, Defendant NIS did not reassert its prior arguments Magrasv Nanona! Industrial Services LLC et a! 8X 2017 CV 435 Memorandum Opinion and Order 2021 VI SUPER E“ Page 4 of 4

stay lawsuit pending arbitration, and order that all arguments previously raised are preserved

Accordingly, it is hereby

ORDERED Defendant NIS’s motion to dismiss or stay lawsuit in lieu of arbitration, filed

January 17 2018 is DEEMED WITHDRAWN It is further

ORDERED that, Defendant NIS’s motion to stay lawsuit pending arbitration, filed on

April 14 2021 is DENIED WITHOUT PREJUDICE And it is further

ORDERED that all arguments previously raised are preserved

DONE and so ORDERED this §3k day of 0’)?» 2021

Tamara Charles HAROLD W L WILLOCKS Clerk of the Court Presiding Judge of the Superior Court

By 1’ C urt Clerkfiupemaerj‘

Dated 3! 3/20 3_,/