# UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK GOVERNMENT OF THE UNITED ) STATES VIRGIN ISLANDS ) Plaintiff, ) V. ) Case Number 1:22-cv-10904-JSR JPMORGAN CHASE BANK, N.A. ) Defendant/Third-Party Plaintiff. ) ) ) JPMORGAN CHASE BANK, N.A. ) Third-Party Plaintiff, ) V. ) JAMES EDWARD STALEY ) Third-Party Defendant. ) # GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS' NOTICE OF MOTION TO STRIKE DEFENDANT'S AFFIRMATIVE DEFENSES 5 THROUGH 8 Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, Plaintiff, the Government of the United States Virgin Islands ("Government"), respectfully moves for an Order striking Defendant JPMorgan Chase Bank, N.A.'s Affirmative Defenses 5 through 8. The reasons in support of the Government's motion are set forth in the Memorandum of Law filed herewith. As directed by the Court in the Minute Entry dated May 8, 2023, the Government's motion and supporting Memorandum of Law are hereby submitted before 5:00 PM on May 8, 2023. As further directed in that Minute Entry, Defendant JPMorgan Chase Bank, N.A.'s opposition is due by 5:00 PM on May 24, 2023, the Government's reply is due by 5:00 pm on May 30, 2023, and no oral argument is scheduled at this time. Dated: May 8, 2023 ARIEL M, ESQ. ATTORNEY GENERAL NOMINEE By counsel, Isl Linda LINDA Admitted Pro Hac Vice Motley Rice LLC 401 9th Street NW, Suite 630 Washington, DC 20004 Tel: (202) 232-5504 Isinger@motleyrice.com VENETIA VELAZQUEZ Admitted Pro Hac Vice Acting Chief, Civil Division Virgin Islands Department of Justice Office of the Attorney General 213 Estate La Reine, RR1 Box 6151 Kingshill, St. Croix U.S. Virgin Islands 00850 Tel: (340) 773-0295 ext. 202481 venetia.velazquez@doj.vi.gov DAVID I. ACKERMAN MIMI LIU (Admitted Pro Hoc Vice) PAIGE BOGGS (Admitted Pro Hac Vice) Motley Rice LLC 401 9th Street NW, Suite 630 Washington, DC 20004 Tel: (202) 232-5504 dackerman@motleyrice.com mliu@motleyrice.com pboggs@motleyrice.com Attorneys for Plaintiff Government of the United States Virgin Islands