Treads USA, LLC et al v. Boyd LP I et al

Filing 452

ORDER GRANTING 451 Defendant Teresa Colston-Boyd's Request for Extension of Time to Respond, ( Defendant's Responses due by 3/3/2014), Plaintiff's replies thereto due within 14 days of service; ORDER GRANTING 448 MOTION to Amen d/Correct 435 Fourth MOTION for the Court to Take Judicial Notice, 434 MOTION to Amend/Correct 374 Rule 26(a)(3)Pretrial Disclosures, 437 MOTION for Leave to File Fourth Consolidated Requests 431 MOTION for Summary Judgment - Partial Summary Judgment as to Damages to add Clinch Mountain Hardwood Flooring, Inc. as a Party; ORDER VACATING 357 Stay Order. Signed by Judge James P. Jones on 12/9/13. (flc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ABINGDON DIVISION

TREADS USA, LLC, ET AL.
Plaintiffs,
v.
BOYD LP I, ET AL.,
Defendants.

BURKE LP I, ET AL.,
Plaintiffs,
v.
LUTHER HAROLD BOYD,
Defendant.

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Case No. 1:08CV00027

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Case No. 1:10CV00038
Bankr. No. 09-73241
A/P No. 10-07021

ORDER
Pending before the court are certain motions in these related cases, including
a motion by the plaintiffs in both cases seeking summary judgment as to damages.
None of the defendants are now represented by counsel. Their former attorneys
were relieved of responsibilities in the cases by orders entered November 7, 2013.
A hearing was held on the pending motions on December 5, 2013, at which

time the court heard argument on the motions from counsel for the plaintiffs.
Defendant Teresa Colston-Boyd appeared in person and requested additional time
to respond to the plaintiffs’ motions, based upon her present circumstances. The
court took her request under advisement.
A brief recitation of the procedural history of these long-pending cases is
appropriate. A fuller history is set forth in the court’s opinion in VFI Associates,
LLC v. Lobo Machinery Corp., Nos. 1:08CV00014, 1:08CV00027, 1:10CV00038,
2011 WL 4048774 (W.D. Va. Sept. 12, 2011). Summary judgment and default
judgment as to liability — including liability for fraud, conversion, civil RICO and
RICO conspiracy — was entered in favor of the plaintiffs against defendants
Teresa Colston-Boyd, Boyd LP I, Creative Wood Works, Inc. (Case No.
1:08CV00027) and Luther Harold Boyd (Case No. 1:10CV00038) on November
24, 2010. Trial dates as to damages were thereafter scheduled but continued and
following the indictment of Mr. and Mrs. Boyd on February 21, 2012, the civil
cases were stayed pending resolution of that criminal case.
After their guilty pleas in the criminal case, Mr. and Mrs. Boyd were
sentenced on August 29, 2013.

Luther Boyd was sentenced to three years

imprisonment and Teresa Colston-Boyd was placed on probation for two years and
required to serve three months of community confinement (half-way house) as one
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of the conditions of her probation. Teresa Colston-Boyd is presently serving her
community confinement term. As part of his sentence, Luther Boyd was ordered
to pay restitution to VFI Associates, LLC, one of the plaintiffs here, in the amount
of $1,224,284.90.1
After the sentencing of Mr. and Mrs. Boyd, the stay of these civil cases was
lifted and additional motions were filed by the plaintiffs, including a Partial Motion
for Summary Judgment, in which judgment for damages is sought in favor of VFI
Associates, LLC (now Reconstituted VFI, LLC), Treads USA, LLC, Nicewonder
LP I, and Burke LP I against Luther Boyd, Teresa Colston-Boyd, Boyd LP I and
Creative Wood Works, Inc. 2

In addition, the plaintiffs have represented that

another defendant, Clinch Mountain Hardwood Flooring, Inc., is no longer under
bankruptcy protection and accordingly have moved that the stay as to that
defendant be lifted.
Because of the pro se status of the individual defendants and their current
penal restrictions, I find that it is appropriate to allow additional time for any

1

The plaintiffs seek a greater amount of damages against the defendants than
were awarded as restitution in the criminal case. No restitution was ordered against
Teresa Colston-Boyd in the criminal case because of the nature of her offense of
conviction.
2

The summary judgment motion is “partial” only because the plaintiffs intend to
seek attorneys’ fees once judgment is granted.
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responses by them to be filed to the plaintiffs’ motions, even though that will
prolong these already aged cases. 3 Teresa Colston-Boyd’s present community
confinement is expected to end on January 31, 2014. While Luther Boyd has not
requested any extension of time, I find it appropriate to also allow him additional
time, since he has only recently reported to prison to begin service of his sentence.4

Accordingly, it is ORDERED as follows:
1.

Teresa Colston-Boyd and Luther Boyd are each granted an extension

until March 3, 2014, to file with the court written responses to the pending motions
by the plaintiffs;
2.

In the event written responses are timely filed, the plaintiffs may file

replies thereto within 14 days of service. The pending motions will then be
deemed submitted for decision without further briefing or hearing;
3.

Plaintiffs’ Motion to Amend Motion for Partial Summary Judgment as

to Damages and Other Motions to Add Clinch Mountain Hardwood Flooring, Inc.

3

It should be noted that because Luther Boyd and Teresa Colston-Boyd are not
licensed lawyers, they cannot respond on behalf of the corporate or partnership
defendants, even if they are partners, officers, director, or shareholders of those entities.
See Rowland v. Cal. Men’s Colony, 506 U.S. 194, 201-02 (1993).
4

The fact that Luther Boyd is now a prison inmate does not affect his capacity to
be sued or require the appointment of a guardian ad litem. See Buchanan Cnty., Va. v.
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as a Party (Case No. 1:08CV00027, EFC No. 448), is GRANTED and the stay as
to that defendant entered April 19, 2011 (Case No. 1:08CV00027, ECF No. 357) is
VACATED; and
4.

The clerk will send copies of this Order to Teresa Colston-Boyd and

Luther Harold Boyd.

ENTER: December 9, 2013
/s/ JAMES P. JONES
United States District Judge

Blankenship, 406 F. Supp. 2d 642, 644-45 (W.D. Va. 2005).
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