Opinion
Civil Action 2021-0322
06-08-2022
ANTHONY EMMANUEL HECTOR, Plaintiff, v. GLENCORE LTD. and COSMOGONY II, INC., Defendants.
J. Russell B. Pate, Esq., St. Thomas, U.S.V.I. Charles Jacob Gower, Esq., Korey A. Nelson, Esq., New Orleans, LA Warren T. Burns, Esq., Daniel H. Charest, Esq., Dallas, TX For Plaintiff Richard H. Hunter, Esq., St. Croix, U.S.V.I. For Defendant Glencore Ltd.
J. Russell B. Pate, Esq., St. Thomas, U.S.V.I. Charles Jacob Gower, Esq., Korey A. Nelson, Esq., New Orleans, LA Warren T. Burns, Esq., Daniel H. Charest, Esq., Dallas, TX For Plaintiff
Richard H. Hunter, Esq., St. Croix, U.S.V.I. For Defendant Glencore Ltd.
MEMORANDUM OPINION AND ORDER
WILMA A. LEWIS DISTRICT JUDGE
THIS MATTER comes before the Court on the “Response of Defendant Glencore Ltd. to Order to Show Cause” (“Response”). (Dkt. No. 7).
On May 9, 2022, the Court entered an Order to Show Cause as to why the above-captioned matter should not be remanded to the Superior Court of the Virgin Islands for the same reasons set forth in the Court's Memorandum Opinions entered in Brooks v. Glencore Ltd., No. 1:2021-cv-0251, 2022 WL 613292, at *3-5 (D.V.I. Mar. 1, 2022) and Mathurin v. Hess Corp., No. 1:2021-cv-0176, 2022 WL 991378, at *5-6 (D.V.I. Mar. 31, 2022). (Dkt. No. 6). On May 13, 2022, Glencore filed its Response. (Dkt. No. 7). In its Response, Glencore reports that the “issues presented [in this case] with regard to remand are the same as those ruled upon in the Court's Memorandum Opinion in Brooks and Mathurin.” Id.
While recognizing that the issues with regard to remand are the same as those ruled on by the Court in Brooks and Mathurin, and after receiving an Order to Show Cause as to why the matter should not be remanded for the same reasons as in Brooks and Mathurin, Glencore purports to “withdraw[] its Notice of Remand without prejudice.” (Dkt. No. 7). The Court, nonetheless, will direct that this matter be remanded to the Superior Court consistent with its Order to Show Cause.
UPON CONSIDERATION of Glencore's Response to the Order to Show Cause and for the reasons set forth in the Court's Memorandum Opinions entered in Brooks v. Glencore Ltd., No. 1:2021-cv-0251, 2022 WL 613292 (D.V.I. Mar. 1, 2022) and Mathurin v. Hess Corp., No. 1:2021-cv-0176, 2022 WL 991378 (D.V.I. Mar. 31, 2022), it is hereby
ORDERED that the Clerk of Court is directed to REMAND the above-captioned matter to the Superior Court of the Virgin Islands; and it is further
ORDERED that the Clerk of Court is directed to mark this case CLOSED.
SO ORDERED.