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abode including land and buildings, owned by, and actually occupied by, a person, or by members of his family free of rental charges." The Court in Garcia quoted Harvey v. Christopher, to explain that although the Virgin Islands Code does not expressly define a For internal use only SDNY_GM_00057224
its motion a designation of record and statement of issues. North Shore did not attach a brief. Subsequently, James P. Carroll, Chapter 7 Trustee ("Carroll"), filed a motion to dismiss this matter for lack of prosecution. North Shore did not file an opposition. On March 28, 2012, this Court entered an
ENTIAL — PURSUANT TO FED. R.cON(F IDENTIAL DB-SONY-0020028 EFTA_00 I 67772 EFTA01295869 Page 10 2012 U.S. Dist. LEXIS 93633, * 2 PrehjUdICO 10 Carroll The second Poulis factor considers prejudice to the appellee caused by the appellant's failure to meet scheduling orders and respond to discovery.
abode including land and buildings, owned by, and actually occupied by, a person, or by members of his family free of rental charges." The Court in Garcia quoted Harvey v. Christopher, to explain that although the Virgin Islands Code does not expressly define a 'marital homestead,' both the United Sta
ed transfers made from Debtor Jeffrey Prosser to his wife, Defendant Dawn Prosser. Following trial, the jury returned a verdict in favor of Trustee Carroll and against Prosser. Thereafter, Prosser moved for judgment as a matter of law and, in the alternative, filed a ["2] "protective" motion for a new t
the assets. In addition, Prosser argues Carroll failed to prove Jeffrey Prosser's insolvency at the time of each transfer, an essential element of Carroll's claims, Carroll contends these two issues [*3] have been waived because Prosser failed to raise them in a motion for judgment as a matter of law
e sanctions for violations of the court's lawful orders. In re Ocean Warrior, 835 F. 3d 1310, 1316 (11th Cir. 2016) citing Aldenvoods Group, Inc. v. Garcia, 682 F. 2d 958 (11th Cir. 2012). Section 105(a) provides separate civil contempt power as "necessary or appropriate to carry out the provisions of
lear and convincing is a higher standard and requires a high probability of success"). Importantly, the burden to prove contempt is on the Movants. Carroll v. TheStreetcom, Inc., II-CV-81173, 2014 WL 5474048, at *9 (S.D. Fla. Apr. 10, 2014). Fowler White is "not tasked with the affirmative responsibili
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