Case Caption: Metivier/Prime/Weekes vs. Lockheed Martin Corp, et alCase Number: SCT-2020-CIV-00035/36/37Date: 03/30/2023Author: Hodge, Rhys S. Citation: 2023 VI 4Summary: In an appeal from a Superior Court order denying a motion in collected cases to substitute personal representatives for certain deceased plaintiffs, and dismissing their claims, the order and judgment below are reversed and the cases are remanded. Applying Virgin Islands Rules of Civil Procedure 6 and 25, it is noted that in adopting these rules this Court chose not to adopt certain mandatory dismissal language in the analogous federal rule, and similarly elected not to identify the time to file a motion for substitution as an un-extendable deadline. Consequently, the appellants were permitted to request, and the Superior Court was authorized to grant, an extension of time to effectuate a substitution of parties pursuant to Virgin Islands Rule 6(b)(1). The Superior Court committed error when it denied the appellants’ motions for substitution and dismissed the deceased plaintiffs’ claims based on an erroneous belief that it could not extend the two-year limitations period under Virgin Islands Rule 6(b)(1). The Superior Court’s reasons for declining to find good cause in each of the three cases is reviewed, and it failed to make sufficient and appropriate findings regarding the actions of the parties–and not their counsel–to support that denial. Therefore, the April 26, 2020 opinion and order are reversed, and all three cases are remanded to the Superior Court for it to consider the relevant Rule 6(b) factors, which may require that it conduct an evidentiary hearing.Attachment: Open Document or Opinion