IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST THOMAS AND ST JOHN
MAGENS INTERVAL RESORT Il\C d/b/a MAGENS BAY VILLAS CLUB ST 15 SM 431 Plaintiff vs Action for Debt WILLIAM K HART and ANDREA B HART Defendants TROPIC LEISURE CORP d/b/a MAGENS BAY VILLAS CLUB ST 15 SM 580 Plaintiff vs Action f01 Debt VERNON COY A1\D ARNETIA ROBINSON Defendants TROPIC LEISURE CORP d/b/a MAGENS BAY VILLAS CLUB ST 15 SM 581 Plaintiff vs Action for Debt GWENDOLYR JOHNSON LAWYER Defendant RESORT MANAGEMENT SERVICES II\C d/b/a MAGENS BAY VILLAS CLUB ST 16 SM 015 Plaintiff vs Action f01 Debt BOBBY A COLEMAN Defendant RESORT MANAGEMENT SERVICES [INC d/b/a MAGENS BAY VILLAS CLUB ST 16 SM 017 Plaintiff vs Action for Debt ARTHUR M SCHERR AND LINDA SCHERR Defendants MAGENS INTERVAL RESORT [INC d/b/a MAGENS BAY VILLAS CLUB ST 16 SM 097 Plaintiff vs Action for Debt JOHN T MAVROS Defendant RESORT CONSULTING SERVICES d/b/a MAGENS BAY VILLAS CLUB ST 16 SM 205 Plaintiff vs Action for Debt DELOIS COLEMAN Defendant ST 15 SM 431 580 581 ST 16 SM 15 17 97 205 2020 VI Super 86 Memorandum Opinion and Oider Page 2 of 10
Cite as 2020 VI Super 86
MEMORANDUM OPINION AND ORDER
CARR, H , Magistrate Judge
111 THESE SMALL CLAIMS MATTERS are before the Court on a June 29 2020 letter from John Jureidini who pursuant to the Court 5 December 20, 2019 Older in these matters was deemed unqualified to appear before the Court as personal representative for the Plaintiff companies in small claims cases pu1suant to V I CODE ANN tit 4 § 112(d) In his letter, Ju1eidini writes that he has recently been appointed Vice President of all of the companies that make up Flamboyan on the Bay Resort , and as such meets the requirements to act as personal 1epresentative for Plaintiffs in small claims matters He requests that the Court approve him as a proper personal representative of the Plaintiff companies and furthei asks that all matters already filed by Plaintiffs with the Court be scheduled for hearing dates Upon review of Jureidini s letter and of the ordels p1 eviously issued in these cases, the Court finds that, despite his appointment as Vice President of Magens Interval Resort Inc Juieidini lemains ineligible to act as Plaintiffs personal 1epiesentative in small claims court Additionally, the Court finds that Plaintiffs have failed to comply with the dec1ees of its previous Orders in these matters and theiefore the cases will be dismissed without prejudice
BACKGROUND
112 These matteis a1 e only a sampling of the many dozens of matteis filed in this Court between 2013 and 2018 by John Jureidini on behalf of several plaintiffs including Tiopic Leisuie Corp , Magens Interval Resort Inc Resort Management Services Inc , Magens Point Inc, and Resort Consulting Services Inc Michael Shelby is the president of all Plaintiff companies Both at the time of filing and at the time of hearing all of the cases filed by John Jureidini, Juieidini was working 1°01 Plaintiff companies on a contingency basis, having been hired by Shelby as an independent contractor to bling cases to court on behalf of the Plaintiffs If Jureidini successfully recove1ed money in a case, he and Shelby would split the recovered pIOfitS 50/50; if he was unsuccessful, he would be paid nothing
{[3 Due to a combination of circumstances, including stays and vacated default judgments the present matteis were delayed for a number of years and came on f01 a status hearing before the undexsigned Magistiate on November 26, 2019 In its October 21 2019 Order setting the status hearing the Court ordered that prior to any scheduled hearing the pe1son appearing on behalf of Plaintiffs must demonstrate that he was authorized and qualified to act as the personal representative for the Plaintiff companies
114 On November 6, 2019, Jureidini submitted to the Court a letter dated October 30, 2019, with a letterhead reading Flamboyan on the Bay Attached to the letter, among other documents was a Power of Attorney signed by Shelby, purporting to give Jureidini the authority to act in any legal proceeding on his behalf In a November 18, 2019 Order, the Court found that the Power of Attorney was insufficient to render Jureidini qualified to act as personal representative for Plaintiffs, as Jureidini did not meet the definition of ‘ personal representative under 4 V I C § 112(d) as interpreted by Virgin Islands courts S'ee Ryans Restamant Inc \ Lew IS, 35 V I 187, 190 n 4 (D VI 1996) (A corporation may be represented in the Small Claims Division by an ST 15 SM 431 580 581 ST16 SM 15 17 97 205 2020 v1 Super 86 Memmandum Opinion and O1de1 Page 3 of 10
officer or shareholder ’); GI] Ron Jen e]; y v Diamond W01 1d VI Super Ct Consolidated Case Nos ST 11 SM 380 ST11SM 381$T11SM 385 ST11SM 3912011VI LEXIS 79 at >“10 (V I Super Ct Nov 8 2011) ( [I]n addition to agents that naturally can bind the entities they represent ’, it is reasonable and necessary to include individuals with regular and on going 1elationships to a business entity or other association usually full time employees, within the definition of ‘personal 1epresentative ) The Order stated that either the Plaintiffs must provide an alternative and suitable personal representative to the Court or Jureidini must provide additional evidence proving his suitability before any scheduled hearing could go forward
15 On November 26, 2019, Jureidini appeared in Court for the scheduled status hearing He had not yet received a copy of the November 18, 2019 Order and therefore had not b1ought additional evidence demonstrating his qualifications to act as Plaintiffs personal repiesentative in small claims court The Court questioned Jureidini regarding his relationship with Plaintiffs, then took the matter under advisement The next day, November 27, 2019, Jureidini submitted a letter to the Court with further assertions in support of his argument that he met the requiiements of a personal repiesentative
16 Upon consideration of Jureidini s testimony in Court and of his subsequent letter, the Court enteied an Orde1 on December 20, 2019 finding that Jureidini had again failed to sufficiently prove that he had the requisite authority under Virgin Islands law to act as a personal 1epresentative to Plaintiffs The Order included the following decrees
[I1t is
ORDERED ADJUDGED A1\D DECREED that the Plaintiffs MAY 1\OT APPEAR through John Ju1eidini as personal representative and it is
ORDERED ADJUDGED AND DECREED that the Plaintiffs shall AMEND their Complaints in Older to name an eligible personal leplesentative or representatives who meet requiiements consistent with this Court’s Novembel 18, 2019 Order, to represent the Plaintiffs in each of these matters[ ]
“.17 Jureidini did not receive a copy 0fthe Court 5 December 20, 2019 Order until February 27 2020, when court staff sent him a Certified True Copy of the O1der both by mail and by electronic mail Also on February 27 2020, Jureidini submitted a letter to the Court asking that these matteis be scheduled for hearings Upon review of the letter, the Court issued a new Order, dated March 19 2020 and entered on May 4 2020 decreeing that
the Plaintiffs shall AMEND their Complaints in accord with the requirements of the Court 3 December 20, [2019] Order within thirty (30) days of receipt of this Order failing which the cases herein shall be DISMISSED WITHOUT PREJUDICE[ 1
118 Both Michael Shelby and John Jureidini received the March 19, 2020 Order by certified mail on May 8, 2020 On June 3, 2020, Jureidini filed with the Court a Corporate Resolution from the Board of Directors of Magens Interval Resort, Inc and a Certificate of Incumbency from Michael Shelby both declaring that, pursuant to a Resolution adopted at a May 1, 2020 meeting of the Board of Directors, Jureidini was appointed Vice President (‘VP ) 0f Collections for the ST 15 SM 431 580 581 ST 16 SM 15 17 97 205 2020 VlSupet 86 Memmandum Opinion and 01de1 Page 4 of 10
Corporation , namely, Magens Interval Resort, Inc Jureidini subsequently submitted a letter to the Court on June 29, 2020, requesting the Court 3 approval of his qualifications to appear as a personal representative for Plaintiff companies in small claims matters As explained below, the Court finds that Jureidini has yet again failed to meet the qualifications of a personal representative under Virgin Islands law
DISCUSSION
119 The Virgin Islands Code identifies and limits those who may come before the Court in small claims matters in the ter1itory [no] party may be represented by counsel and parties shall in all cases appear in person except for corporate parties, associations and partneiships which may appear by a pelsonal Ieplesenratzve V 1 CODE ANN tit 4, § 112(d) (emphasis added) As the Court has explained in pleVious Orders in this matter local courts have interpreted personal representative ’ as an individual who falls into one of two categories (1) an officer or shareholde1 (See Ryam Restazuant Inc 35 VI 187 190 n 4 (D V I 1996)), or (2) individuals with legular and on going 1e1ationships to a business entity or other association usually full time employees, who possess written autho1ization f1om the entity that the individual may plosecute or defend the action bef01e the Small Claims Division Gil Ron Jen ell}, 201 1 V I LEXIS at *10 In orde1 to properly bring these matters before this Court as a representative f01 Plaintiffs, Juleidini would need to fit within one of these two categories The Court will examine each of the two consideiations separately
I Officer
1110 The most suitable option for a personal representative of a comoration in small claims matte1s in the Vi1gin Islands is an agent who natuially possesses the authority to bind the corporation [t]01 example officers of a corpo1ation especially the president[] Id at *8 The Distiict Court of the Virgin Islands has described ‘ p61 sonal 1ep1esentative in the context of small claims matters as meaning ‘ an office1 o1 shareholder of a comoration Ryans Restaurant Inc 35 V I 187 at 190 fn 4 Only upon recognizing that many businesses including corporations and limited liability companies, doing business in the Virgin Islands may not have officers members, managers, etc here [in the territory] have courts found it ‘ reasonable and necessary to include individuals with regula1 and on going relationships to a business entity or other association, usually filll time employees, within the definition of personal representative[ ] (11] Ron Jewelry, 201 l V I LEXIS at *9 10 However, for those corporations that do have officers in the territory, such individuals would be the first choice to act as personal representative especzally the preszdent
$111 In the present matters, Shelby is the president of all Plaintiff companies Under the bylaws of Resort Management Services Inc , he is the principal executive officer of the corporation and bears the responsibility to supervise and control all of the business and affairs of the corporation He testified before this Court on November 26, 2019 that he has been the president of Plaintiff companies since 1986 and that he also acts as chairman of the board of directors for the companies Shelby is also a long time resident of the Virgin Islands He is, in short, the obvious candidate to be personal representative for Plaintiffs in small claims court his position as president gives him the natural authority to bind Plaintiffs, his long time relationship with Plaintiffs allows him the ability to engage knowledgeably on their behalf before the Court, and his local residency enables ST 15 SM 431 580 581 ST 16 SM 15 17 97 205 2020VISupe186 Memorandum Opinion and Ordei Page 5 of 10
him to appear in court without undercutting the policy of allowing for easy and inexpensive access to the Small Claims Division Id at *9
1112 Conversely, Jureidini does not have the natural authmity to bind Plaintiffs In letters written to the Court on October 30, 2019, November 27, 2019, and February 27, 2020, he identified himself as Plaintiff’s Representative and Collections Manager for Flamboyan on the Bay Resort Then, in a June 29, 2020 letter to the Court, Jureidini stated that he had submitted the Corporate Resolutions and Certificate of Incumbency that appoint [Jureidini] as Vice President of all the companies that make up the Flamboyan on the Bay Resort (FOTB) He signed off as John Jureidini, Vice President, Tropic Leisure Corp, Magens Interval Resort Resort Management Services[] However, the Corporate Resolution and Certificate of Incumbency, filed with the Court on June 3, 2020, both described Jureidini as Vice President ( VP ) of Collections for Magens Interim Resort Inc Only two of the seven matters presently before this Court W616 b10ught by Magens Interval Resort, Inc ; the others were brought by Tropic Leisure Corp, Resort Management Sewices, Inc , and Resort Consulting Services Each matte1 was brought unde1 the name of the company identified in the timeshare agreement central to that particular matter The Court can find no submitted document showing that all Plaintiff companies are under a parent corpo1ation, 01 that Juieidini has been appointed the Vice p1 esident of any of Plaintiff companies other than Magens Interval Resort, Inc Therefore there is no evidence that Jureidini is an officer of all Plaintiff companies
1113 Howeve1, even if Jureidini p1esents fu1’thei documentation showing that he is now the vice piesident of all Plaintiff companies the Court finds that such appointment would not render him an officer who could lightly act as pe1 sonal 1ep1esentative fox Plaintiffs under Virgin Islands law First, as deselibed above a company president who is also a lesident of the territory is the quintessential candidate to act as personal replesentative fo1 his company without making it unduly difficult 01 expensive fo1 the company to have its day in small claims court Shelby therefore, remains the ideal choice 1°01 the task Jureidini meanwhile, resides in Vilginia and must schedule his appealances in court in the Virgin Islands acco1dingly Additionally the bylaws of Resort Management Services, Inc describe the role of the vice plesident as follows
In the absence of the plesident 01 in the event of his death, inability or refusal to act, the vice president shall perform the duties of the president, and when so acting, shall have all the powers of and be subject to all of the restrictions upon the president The vice p1 esident shall pe1for1n such other duties as from time to time may be assigned to him by the president or by the directors
1114 It is the president, not the vice president, who has the authority to appear bef01e this Court if he is neither absent nor unable to do so In these matters the Court has received no evidence that Shelby is unavailable or incapacitated in any way from appearing as representative for Plaintiffs himself, and he therefo1e remains the appropriate representative M01eover, the fact that the president or the directors can assign the vice president other duties does not mean that such duties are automatically legal for him to perform For example, Shelby cannot assign Jureidini responsibilities that would cause him to engage in the unauthorized practice of law, as the Court will explain further below
1115 Second, the Court finds that the May 1, 2020 appointment of Jureidini as Vice President of Collections for Resort Management Services, Inc is only a nominal, rather than a substantive ST 15 SM 431 580 581 ST16 SM 15 17 97 205 2020 VI Super 86 Memorandum Opinion and Ordei Page 6 of 10
change in the nature of his relationship with the Plaintiffs In its December 20, 2019 Order, the Court found that Jureidini 5 relationship with Plaintiff companies was similar to that of an independent contractor, as evidenced by Jureidini s own testimony at the November 26, 2019 status hearing, which included assertions that (l) he contacted clients who were delinquent in their fees and, if they refused to pay, filed complaints against them for debt in small claims court; (2) he had the authorization to settle suits at his own discretion; and (3) no written document existed setting out or defining the arrangement between Jureidini and the p1esident of the Plaintiff companies, Shelby Jureidini acknowledged under oath that his only connection to the Virgin Islands was his responsibility of collecting these overdue amounts and/or appearing in small claims court for Plaintiff companies Tr at 10, Unofficial Tiansmipt of November 26, 2019 Status Hearing
1116 Compare the above responsibilities with the description of the duties of the Vice president as desc1ibed in the Corpmate Resolution dated May 1, 2020 declaring Juieidini Vice President of Collections of Resort Management Services Inc
As VP [Jureidini] will be responsible f01 1 Reviewing all delinquent Corp01ate accounts 1eceivable 2 The VP will advise the P1esident/CEO of the accounts he 1ecommends that should be pursued further settled or dropped 3 If approved by the Piesident he will contact the delinquent account holders and attempt to resolve any issues with the account and bring it cunent 4 If the VP and Piesident determine it is not possible biing [sic] the accounts current th1ough rescheduling, f01 giveness voluntaiy payment 01 othe1 methods VP will assist the C01p01ation and co1porate counsel in p1 epaiing fuithel legal actions 4 The VP of Collections has full autho1ity appear [sic] in Court as the Corp01ate Representative in collections cases
1117 The Court can find no distinction between the iesponsibilities described in the C01p01ate Resolution and those Juleidini held bef01e his appointment as Vice President of Collections; the only change is in Jureidini s title Indeed, it appears to the Court that, upon receiving the Court 5 plevious Orders outlining the various ways in which Jureidini did not meet the requirements of a “personal replesentative,’ the Plaintiffs simply named Jureidini an officei of Remit Management Services, Inc in orde1 to bypass the substance of the Couit s objections but neglected to make any effort to change the nature of his duties
1118 The Court cannot ignore these circumstances surrounding Jureidini s appointment to the office of Vice president in considering the validity of such title Neither can it dismiss the fact that Jureidini filed all of the matters in which he purports to 1epresent Plaintiffs long before such appointment when he still had no such official relationship with Plaintiffs These matters were filed and progressed through the court system years before Jureidini was named any sort of officer meaning that even if he did have the auth01ity as an officer to bring them now he certainly did not have that authority when he filed and appeared for the cases
1119 Even now, the Court finds that Jureidini s sudden appointment gives him no additional authority to act as personal representative for Plaintiffs Both the timing of Jureidini s appointment (less than two months after the Plaintiffs receipt of the Court 5 December 20, 2019 Order directing them to name an appropriate officer 01 other employee as personal representative) and the lack of any change in the description of his duties make it clear that his promotion was tantamount to a ST 15 SM 431 580 581 ST16 SM 15 17 97 205 2020 VISupe1 86 Memorandum Opinion and O1der Page 7 of 10
sham upon the Court, directly and solely intended to allow Jureidini to represent the Plaintiffs in court in small claims cases, despite addressing none of the Court s substantive concerns with Jureidini 5 fitness to act as personal rep1 esentative The Court is disinclined, to say the least, to reward such tactics
1120 The Court is likewise concerned, as mentioned above, that such tactics amount to an ongoing attempt to allow Jureidini to engage in the unauthorized practice of law in the territory In support of such a premise, the Court must observe as it has in previous Orders in these matters, the striking similarities between the facts of these matters and those of G1] Ron Jewelry v Diamond W01 [d a collection of consolidated small claims cases filed and represented by Arthu1 Newman Newman was neithei an employee nor an officer of the plaintiff companies he purported to 1epresent in small claims matters; rathei he merely enter[ed] into a contract with the client on a contingency fee basis to perform legal services to prepare and file pleadings and to 1epresent the client bef01e the Superior Court G1] Ron Jen ellyi Diamond World 2012 V I LEXIS 81 at *3 (V I Super Ct , Feb 27, 2012) Magistrate Alan Smith found Newman unqualified to act as a personal representative in the matters and Judge Michael C Dunston, in affirming the finding on appeal, obsewed that it is hard to imagine a more evident example of the unauthorized practice of law , which is prohibited in the Virgin Islands than Newman 5 attempts to represent plaintiffs in small claims cases without possessing the proper authority to do so 1d
1121 As expressed in its ea11ie1 Orders, the Court finds Ju1eidini 5 position to be substantially similai to that of Newman a determination that has not changed with the change in Juleidini s title as there is no evidence that he no longe1 works on a contingency fee basis for Plaintiffs to p1epa1e and file pleadings to represent the client in small claims matters and to otherwise perfonn legal services that ale p1ohibited in small claims court [(1 Therefore, the Cou1t finds that, like Newman, Juieidini’s appearance for Plaintiffs has constituted, and continues to constitute, despite his new position the unauthorized practice of law in the Virgin Islands
1|22 Balancing the policy against the unauthorized p1actice of law and the policy to allow parties to have access to the small claims court in a simple and inexpensive manner is the ultimate goal of Virgin Islands courts in demaicating a perimeter around the group of acceptable personal lepresentatives in small claims mattels (n! Ron Jewell}, 2011 VI LEXIS at *5 The policy against the unauth01ized practice of law is found in 4 V I C § 443
Except as othe1wise provided by law or rule of court the unauthorized practice of law shall be deemed to mean the doing of any act by a person who is not a member in good standing of the Virgin Islands Bar Association f01 another person usually done by attorneys at law in the course of their profession and shall include but not be limited to the appearance acting as the attorney at law, or rep1esentative of another person firm or corporation, before any court, board, judicial person or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation and/or filing of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the same
1123 The rule is absolute but for a single exception that of 4 V I C § 1 12(d), allowing a personal representative to represent corporations in small claims matters And that exception is narrow and intended only to allow easy and inexpensive access to small claims court in instances in which ST 15 SM 431 580 581 ST 16 SM 15 17 97 205 2020 VISuper86 Memorandum Opinion and Oider Page 8 of 10
such access would otherwise be hindered by same rule, such as when a corporation attempting to bring a claim does not have ‘officers, members, managers, etc here in the Virgin Islands G1] Ron Jew elry, 2011 V I LEXIS at *9 However, as observed above this is clearly not one of those instances Shelby, president of all Plaintiff companies, resides in the territory and has the clear natural authority to bind Plaintiffs Therefore to allow Jureidini to act as personal replesentative f01 Plaintiff companies would be to allow an individual without an attorney 5 license to practice law within the Virgin Islands
1124 The policy interests against such an event are many, but perhaps the strongest are those directly related to regulatory concerns As Magistrate Smith obseived in G1] Ron Jew elly, [T]he [Viigin Islands] Supreme Court has exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted to the piactice of law in the territory and has promulgated a comprehensive set of rules governing admission, piactice, and discipline ofattomeys Id at *6 7 (Clilng 4 V I C § 32(e) and e g SUPER CT R 204 ) (SUPER CT R 204 has since been lepealed by the Virgin Islands Rules of Probate and Fiduciary Proceedings and replaced by VI R PROB 18 gee In re Adoption of I I R of Plobme and FldlIClal y P10 , Promulgation 2019 005 2019 V I Supreme LEXIS 16 (V I Feb 28 2019)) To allow Jureidini to act as personal representative merely by virtue of his authoiization from the entities to appeai f01 him and because of his recent and sudden title of vice piesident would be to find that any individual who is not an attorney licensed to practice law iegardless of how little on going and regular affiliation he 01 she has with the entities could effectively practice law in the Small Claims Division 611 Ron Jewell} 2011 VI LEXIS at *8 As Magistrate Smith stated in finding Newman unfit to act as a peisonal repiesentative such an allowance would
constitute a blatant Violation of [4 V I C § 443(a)] and iesult in an absurd and irrational interpietation of the exception to [4 V I C § 443(a)] that is carved out in [4 V I C § 1 12(d)] To avoid this absurd and irrational result, those eligible to be a peisonal repiesentative must necessarily be restricted to a more limited class of peisons
Id Theiefore, the Court must be conservative in finding individuals who meet the narrow exception to Section 443(a) And upon review, the Court cannot find that Jureidini’s relationship with Plaintiff companies places him in the limited class of peisons with the natural authority to bind Plaintiff companies and therefore with the authority to act as peisonal representative for Plaintiffs in the Small Claims Division
II Regular and Ongoing Relationship
1125 Although Jureidini has failed to demonstrate to the Court that he is a proper officer of Plaintiff companies with the natural authority to act as personal 1epresentative, he may still act as 1ep1esentative if he fits within the othel possible set of candidates that of individuals with regular and on going relationships to a business entity or other association, usually full time employees Id at 10 However as stated in its December 20, 2019 Order in this matter, this Court has found that Jureidini has neither a regular and on going relationship nor an employer employee relationship with the entities he claims to represent Jureidini s own testimony at the November 26, 2019 status hearing included various details evidencing that the nature of his work for the Plaintiffs was more like that of an independent contractor (1) Jureidini had the authorization to settle suits at his own discretion (2) he and Shelby drafted no written document setting out or ST 15 SM 431 580 581- ST 16 SM 15 17 97 205 2020VISupe186 Memmandum Opinion and Oidei Page 9 of 10
defining their arrangement; (3) he did not receive a Form W 2 from the Plaintiffs when filing taxes, as would be expected in an employer employee relationship but rather a Form 1099 MISC, used to identify miscellaneous ’ income; (5) he did not live in the Virgin Islands and had not done so for several yeais, having moved to Richmond, Virginia with his wife in 2014, and (6) he had few connections to the territory aside from his work collecting debts for Plaintiffs, as he gave up his V I driver s license for a Virginia one shortly after moving in 2014, had paid Virginia taxes, not V I taxes, for the past several years, was registered to vote in Virginia, owned no property in the V I , and performed most of the work done on the small claims matters he filed from Virginia In fact, Jureidini acknowledged under oath that his only connection to the territory was his responsibility of collecting these oveidue amounts and/or appea1ing in small claims court ” Tr at 10, Unofficial Transcript of November 26, 2019 Status Hearing He had no other significant relationship with either the territory or the Plaintiffs The Court found it evident upon such facts that Jureidini s tenuous relationship with Plaintiffs was neither regulai and ongoing nor that of an employee
1126 Despite Jureidini s appointment as Vice President of Collections for Magens Interval Resort, Inc on May 1, 2020 his relationship with Plaintiffs, as explained above, does not appea1 to have changed in any substantive way since the Court last examined it in its December 20, 2019 Order Theie is no evidence to suggest that Jureidini is not still paid on a contingency fee basis he still resides in Virginia and has made no indication of an intention to relocate to the Virgin Islands and he has still piovided no evidence of the nature of his relationship with certain of the various Plaintiffs, including Tiopic Leisure Corp Remit Management Services, Inc , and Resort Consulting Services The Couit cannot find in these facts any evidence of a 1egula1 and ongoing relationship with Plaintiffs much less that of a full time employee Instead, taken in totality, they place Jureidini firmly in a role comparable to that of an independent contractor which does not fit into the narrow definition of those identified in (11] Ron leiielly as having the authority to act as personal representatives f01 €01p01ations in small claims matters See GI] Ron Jen ell y 201 1 V I LEXIS at *9 10 As such to allow him to repiesent Plaintiff companies in small claims court would violate the territory 5 piohibition against the unauthorized practice of law
111 Failure to Amend Complaints
1127 Setting aside the C ourt s finding that Jureidini is still prohibited from representing Plaintiff companies in small claims matters, the Court also finds that the Plaintiffs have objectively failed to meet the requirements of both the Court 3 December 20 2019 and Maich 19, 2020 Orders The Court explicitly decreed in its December 20 2019 Order that the Plaintiffs MAY NOT APPEAR thiough John Jureidini as personal representative but must instead AMEND their Complaints in Older to name an eligible personal representative or representatives who meet requirements consistent with this Court 5 November 18, 2019 Order The Court reiterated these decrees in its March 19, 2020 Order, stating that the Plaintiffs must AMEND their Complaints in accord with the requirements of the Court 5 December 20, [2019] Order within thirty (30) days of receipt of this Order failing which the cases heiein shall be DISMISSED WITHOUT PREJUDICE[ ] Representatives for Jureidini and the Plaintiffs received the March 19, 2020 Order on May 8, 2020 To date, Plaintiffs have not amended their complaints and continue to seek to appear through John Jureidini rather than through a qualified alternative representative Therefore, in accordance with the December 20 2019 and March 19 2020 Orders, the cases herein must be dismissed without prejudice ST 15 SM 431 580 581 ST 16 SM 15 17 97 205 2020 v1 Super 86 Memorandum Opinion and Order Page 10 of 10
1128 Although the present matteis are to be dismissed, the Court wishes to emphasize to Plaintiffs that they are in no way being denied access to the Virgin Islands court system; rather, their access is merely being circumscribed in a minor way The substance of this Order and, indeed, of the previous two Orders entered in these matters is the determination that John Jureidini, specifically, cannot iightfully act as personal representative for Plaintiff companies in small claims matters in this territory However, this single limitation leaves Plaintiffs with myriad other options, including refiling these matters in the regular civil division in which case they may be represented by an attorney 01 presenting an alternative, qualified personal representative from within theii ranks to legally represent them in small claims court without engaging in the unauthorized practice of law See G11 Ron Jeuehy 2012 VI LEXIS 81 at *9 10 Plaintiff companies have a right to their day in court, and the Court invites them to seek same in adherence with the laws of the territory
CONCLUSION
1129 Juieidini has failed to adequately demonstlate to this Court that he has the requisite auth01ity to act as a personal repiesentative t0 Plaintiffs in the present matters and that he is not engaged in the unauthorized p1actice of law in the Virgin Islands Furthermore, Plaintiffs have failed to amend their complaints in contravention of both the Cou1t 5 December 20, 2019 and March 19 2020 O1ders, and these must matters must therefore be dismissed
1130 The Court being fully satisfied in the piemises it is hereby
ORDERED ADJUDGED A1\D DECREED that these matteis are DISMISSED WITHOUT PREJUDICE and it is
ORDERED ADJUDGED A1\D DECREED that a copy of this Order shall be directed to John Jureidini by electronic mail at john@flamboyanresortvi com; the parties heiein; Department of Licensing and Consumer Affairs General Counsel, Frederick Norf01d; Department of Licensing and Consumer Affairs Dist1ict Counsel, Ann Cecile O neill, by electronic mail at Cecile Oneill@dlca Vi gov; Clerk of the Court, Tamara Charles; Court Clerk Supervisor, Donna Donovan; and General Counsel of the Superior Court Paul Gimenez
DATED October ‘6 2020 S @414?- ‘2 CO."1 /[1 1\RY V Magistrate Judge of the Superior Court ATTEST of the Virgin Islands TAMARA CHARLES Clerk of the u
BY M COLLEEN SALEM Court Clerk Supervisor10/i/20%