CORE Construction Services, LLC v. Sun Constructors, Inc.

District Court, Virgin Islands

CORE Construction Services, LLC v. Sun Constructors, Inc.

Trial Court Opinion

DISTRICT COURT OF THE VIRGIN ISLANDS

DIVISION OF ST. CROIX ║

CORE CONSTRUCTION SERVICES, LLC, ║ ║ Plaintiff, ║ 1:20-cv-00016 ║ v. ║ ║ SUN CONSTRUCTORS, INC. and ║ CONTINENTAL CASUALTY COMPANY, ║ ║ Defendants. ║ ________________________________________________ ║ TO: Ravinder Nagi, Esq.

ORDER

THIS MATTER is before the Court upon Plaintiff’s Motion For Extension of Time to Serve Process (ECF No. 4). This order is issued without necessity of response. Plaintiff seeks to extend the deadline for serving effectuating service of the Complaint and Summon upon Defendants. As stated by Plaintiff, it has attempted to effectuate service since May 17, 2020, but, due to the COVID-19 pandemic and recent civil unrest permeating the mainland United States, has been unable to do so. In determining whether an extension is appropriate, Plaintiff must demonstrate good cause. “Courts consider three factors in assessing good cause: (1) reasonableness of plaintiff’s efforts to serve, (2) prejudice to the defendant by lackP roefn ttiimcee vly. OseffrivceicMea, ax nNdo (r3th) wAmheetrhicear, pInlaci.ntiff moved for an enlargement of time to serve.” , Civil No. 1:13-56,

2020 WL 1861654

, at *2 (D.V.I. Apr. 13, 2020) (internal citations omitted). The Court finds that Plaintiff has demonstrated good cause, warranting Core Construction Servs., LLC v. Sun Constructors, Inc. et al. 1:20-cv-00016 Order Page 2

an extension of time to perfect service. Therefore, the Court will grant the motion in part and deny it in part. ORDERED: W HEREFORE, it is now hereby GRANTED 1. PINla PinAtiRffT’s a Mnodt iDoEnN FIoErD E xINte nPsAioRnT of Time to Serve Process (ECF No. 4) is . 2. The time for eAffuegctuusatt 4in, g2 0se2r0vice of process upon Defendants is extended up to and including . ENTER:

Dated: June 4, 2020 /s/ George W. Cannon, Jr. GEORGE W. CANNON, JR. MAGISTRATE JUDGE

Reference

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