C.A.F., By and Through His Parents and Nex of Friends A.F. and R.F. v. Michael, Noreen, Commissioner of The Dept of Education
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN C.A.F. BY AND THROUGH HIS PARENTS AND NEXT OF FRIENDS A.F. AND R.F., Plaintiff, v. LAVERNE TERRY, COMMISSIONER OF THE DEPARTMENT OF EDUCATION AND CARRIE JOHNS, ACTING STATE DIRECTOR OF THE OFFICE OF SPECIAL EDUCATION, Defendants. _____________________________________ ) ) ) ) ) ) ) Civil No. 2006-102 ) ) ) ) ) ) ) ) ) APPEARANCES Archie Jennings, Esq. St. Thomas, U.S.V.I. For the plaintiff. Aquannette Y. Chinnery-Montell, Esq. Carol Thomas-Jacobs, Esq. Tamika Archer, Esq. St. Thomas, U.S.V.I. For the defendants. JUDGMENT This matter is before the Court for adjudication on stipulated facts in the record. The defendants LaVerne Terry, commissioner of the Department of Education, and Carrie Johns, Acting State Director of the Office of Special Education, ask the Court to dismiss this matter for failure to prosecute, failure to issue process, and failure to serve the government of the Virgin Case: 3:06-cv-00102-CVG-RM Document #: 34 Filed: 02/09/11 Page 1 of 2 Islands. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN C.A.F. BY AND THROUGH HIS PARENTS AND NEXT OF FRIENDS A.F. AND R.F., Plaintiff, v. LAVERNE TERRY, COMMISSIONER OF THE DEPARTMENT OF EDUCATION AND CARRIE JOHNS, ACTING STATE DIRECTOR OF THE OFFICE OF SPECIAL EDUCATION, Defendants. _____________________________________ ) ) ) ) ) ) ) Civil No. 2006-102 ) ) ) ) ) ) ) ) ) APPEARANCES Archie Jennings, Esq. St. Thomas, U.S.V.I. For the plaintiff. Aquannette Y. Chinnery-Montell, Esq. Carol Thomas-Jacobs, Esq. Tamika Archer, Esq. St. Thomas, U.S.V.I. For the defendants. JUDGMENT This matter is before the Court for adjudication on stipulated facts in the record. The defendants LaVerne Terry, commissioner of the Department of Education, and Carrie Johns, Acting State Director of the Office of Special Education, ask the Court to dismiss this matter for failure to prosecute, failure to issue process, and failure to serve the government of the Virgin Case: 3:06-cv-00102-CVG-RM Document #: 34 Filed: 02/09/11 Page 1 of 2 Islands. In the alternative, the defendants seek summary judgment. For the reasons stated in the memorandum opinion of even date, it is hereby ORDERED that the defendants’ motion to dismiss for failure to prosecute is DENIED; and it is further ORDERED that the defendants’ motion to dismiss for failure to issue process and to serve the government of the Virgin Islands is DENIED; and it is further ORDERED that judgment shall be entered for the defendants; and it is further ORDERED that the plaintiff’s claims are DISMISSED. S/ CURTIS V. GÓMEZ Chief Judge Case: 3:06-cv-00102-CVG-RM Document #: 34 Filed: 02/09/11 Page 2 of 2