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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.

order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent Family No. ST-10-DI-226 Superior Court of the Virgin Islands, Division of St. Thomas and St. John 2014 V.I. LEXIS 45; 61 V.I. 13 July 14, 2014, Decided July 14, 2014, Filed For internal use only SDNY_GM_00057212 CONFIDENTIAL -

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

Order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent Family No. ST-10-DI-226 Superior Court of the Virgin Islands, Division of St. Thomas and St. John For internal use only SDNY_GM_00059979 CONFIDENTIAL - PURSUANT TO FED. R.CON(FIDENTIAL DB-SONY-0022803 EFTA_001 70523 EFTA0129710

a sanction for the appellant's "repeated failures to adhere to ordered briefing deadlines"). For the reasons discussed above, the Court will grant Carroll's motion to dismiss for failure to prosecute. An appropriate order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent

order follows. JULITO A. FRANCIS, Petitioner v. DEBRA L. WRIGHT- FRANCIS, Respondent Family No. ST-10-DI-226 Superior Court of the Virgin Islands, Division of St. Thomas and St. John 2014 V.I. LEXIS 45; 61 V.I. 13 July 14, 2014, Decided July 14, 2014, Filed For internal use only CONFIDENTIAL - PURSUANT TO FED. R