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Legal Memorandum: Reconsideration of an Order Filing Objections

Issue: Under law as applied in the U.S. Virgin Islands, must a party file objections to a court’s order within ten days of the ruling in order to obtain reconsideration of the decision?

Area of Law: Litigation & Procedure
Keywords: Objections to an order; Reconsideration of a decision; Time limit to file
Jurisdiction: Federal, Virgin Islands
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 72(a)
Date: 08/01/2006

Defendant argues that Plaintiff is precluded from seeking reconsideration of the Court’s Order because Plaintiff failed to serve and file objections to the Court’s Order within ten days.  While Plaintiff justifiably complains about the Court’s Order being issued without Plaintiff’s being permitted discovery, Plaintiff seeks relief from the Court’s Order based on the procedural and substantive unconscionability of the arbitration agreement at issue.  Plaintiff’s motion was timely served following receipt of the Order.  Accordingly, Fed. R. Civ. P. 72(a), which provided that objections to an order must be filed and served within ten days after service thereof, is not implicated.  Plaintiff is permitted to assert the unconscionability of the arbitration clauses of the employment agreement in connection with his claim of clear error.         

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