Mardenborough vs Government of the Virgin Islands et.al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JAMES MARDENBOROUGH, Plaintiff, v. COMMISSIONER SHARON ANN MCCOLLUM, CLARISSA WARRINGTON, and GOVERNMENT of the VIRGIN ISLANDS DEPARTMENT OF EDUCATION, Defendants. ) ) ) ) ) Civil No. 2014-82 ) ) ) ) ) ) ) ) ) ATTORNEYS: Namosha Boykin Pedro K. Williams Law Office of Pedro K. Williams St. Thomas, U.S.V.I. For the James Mardenborough, Claude Walker, Attorney General Carol Thomas-Jacobs, AAG Aquannette Y. Chinnery, AAG Ariel Marie Smith-Francois, AAG Virgin Islands Department of Justice St. Thomas, U.S.V.I. For the defendants. JUDGMENT1 GÓMEZ, J. Before the Court is the motion of Commissioner Sharon Ann McCollum, Clarissa Warrington, and the Government of the Virgin Islands for summary judgment on all Counts of the Complaint. 1 The Court will issue a memorandum opinion outlining its reasons at a later date. Case: 3:14-cv-00082-CVG-RM Document #: 162 Filed: 09/08/16 Page 1 of 3 Mardenborough v. Government of the Virgin Islands Civ. No. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JAMES MARDENBOROUGH, Plaintiff, v. COMMISSIONER SHARON ANN MCCOLLUM, CLARISSA WARRINGTON, and GOVERNMENT of the VIRGIN ISLANDS DEPARTMENT OF EDUCATION, Defendants. ) ) ) ) ) Civil No. 2014-82 ) ) ) ) ) ) ) ) ) ATTORNEYS: Namosha Boykin Pedro K. Williams Law Office of Pedro K. Williams St. Thomas, U.S.V.I. For the James Mardenborough, Claude Walker, Attorney General Carol Thomas-Jacobs, AAG Aquannette Y. Chinnery, AAG Ariel Marie Smith-Francois, AAG Virgin Islands Department of Justice St. Thomas, U.S.V.I. For the defendants. JUDGMENT1 GÓMEZ, J. Before the Court is the motion of Commissioner Sharon Ann McCollum, Clarissa Warrington, and the Government of the Virgin Islands for summary judgment on all Counts of the Complaint. 1 The Court will issue a memorandum opinion outlining its reasons at a later date. Case: 3:14-cv-00082-CVG-RM Document #: 162 Filed: 09/08/16 Page 1 of 3 Mardenborough v. Government of the Virgin Islands Civ. No. 14-82 Order Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Hersh v. Allen Prods. Co., 789 F.2d 230, 232 (3d Cir. 1986). The movant has the initial burden of showing there is no genuine issue of material fact, but once this burden is met it shifts to the non-moving party to establish specific facts showing there is a genuine issue for trial. Gans v. Mundy, 762 F.2d 338, 342 (3d Cir. 1985). The non-moving party “may not rest upon mere allegations, general denials, or ... vague statements.” Quiroga v. Hasbro, Inc., 934 F.2d 497, 500 (3d Cir. 1991). “[T]here is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). “[A]t the summary judgment stage the judge's function is not himself to weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Id. In making this determination, this Court draws all reasonable inferences in favor of the opposing party. See Bd. of Educ. v. Earls, 536 U.S. 822, 850 (2002); see also Armbruster v. Unisys Corp., 32 F.3d 768, 777 (3d Cir. 1994). Case: 3:14-cv-00082-CVG-RM Document #: 162 Filed: 09/08/16 Page 2 of 3 Mardenborough v. Government of the Virgin Islands Civ. No. 14-82 Order The premises considered, it is hereby ORDERED that the motion for summary judgment is GRANTED; it is further ORDERED that this case is DISMISSED; it is further ORDERED that all pending motions are MOOT; it is further ORDERED that the trial setting in this matter is VACATED; and it is further ORDERED that the Clerk of Court shall CLOSE this case. S\ Curtis V. Gómez District Judge Case: 3:14-cv-00082-CVG-RM Document #: 162 Filed: 09/08/16 Page 3 of 3