USVI Public Records

Document text

DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX KELLY KANTZ, ) ) ) Plaintiff, ) Civil Action No. 2008-0047 ) v. ) ) UNIVERSITY OF THE VIRGIN ISLANDS, ) ) ) Defendant. ) __________________________________________) Attorneys: Lee J. Rohn, Esq., Mary Faith Carpenter, Esq., St. Croix, U.S.V.I. For Plaintiff Marie E. Thomas-Griffith, Esq., Samuel H. Hall, Jr., Esq., St. Thomas, U.S.V.I. For Defendant ORDER UPON CONSIDERATION of Defendant’s Motion for Summary Judgment (Dkt. No. 83, 85), Defendant’s Statement of Undisputed Material Facts in Support of Motion for Summary Judgment (Dkt. No. 84), Plaintiff’s Revised Opposition to Defendant’s Motion for Summary Judgment (Dkt. No. 110), Plaintiff’s Revised Response to Defendant’s Statement of Undisputed Material Facts and Counter-Statement of Additional Facts (Dkt. No. 111), Defendant’s Supplemental Brief (Dkt. No. 114), Plaintiff’s Response to Defendant’s Supplemental Brief (Dkt. No. 117), Defendant’s Reply to Plaintiff’s Response (Dkt. No. 122), Plaintiff’s “Notice of Additional Authority” (Dkt. No. 124), and for the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby Case: 1:08-cv-00047-AET-GWC Document #: 127 Filed: 05/19/16 Page 1 of 3 2 ORDERED that Defendant’s Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART; and it is further ORDERED that Defendant’s Motion is GRANTED on statute of limitations grounds, as it pertains to all of Plaintiff’s Title VII claims of discrimination that occurred more than 300 days prior to the filing of Plaintiff’s charge of discrimination with the Equal Employment Opportunity Commission; and it is further ORDERED that Defendant’s Motion is GRANTED on Plaintiff’s constructive discharge claim; and it is further ORDERED that Defendant’s Motion is GRANTED on Plaintiff’s defamation claim that Dr. Thomas made “incredibly offensive” statements in an e-mail communication to Plaintiff; and it is further ORDERED that Defendant’s Motion is GRANTED on Plaintiff’s claim for punitive damages; and it is further ORDERED that Defendant’s Motion is DENIED as to administrative exhaustion of Plaintiff’s “denial of tenure” allegations; and it is further ORDERED that Defendant’s Motion is DENIED on Plaintiff’s defamation claim that Dr. Howard allegedly told Plaintiff’s student advisees that she was no longer their advisor because she was “incompetent”; and it is further ORDERED that Defendant’s Motion is DENIED as to Plaintiff’s claim that the e-mail between Drs. Jackson and Howard, in which Dr. Howard allegedly wrote “these people” and “hypocrisy,” was defamatory; and it is further ORDERED that Defendant’s Motion is DENIED as to Defendant’s claim that there is no private cause of action under the Virgin Islands Civil Rights Act (“VICRA”); and it is further Case: 1:08-cv-00047-AET-GWC Document #: 127 Filed: 05/19/16 Page 2 of 3 3 ORDERED that Defendant’s Motion is DENIED WITHOUT PREJUDICE as it pertains to Plaintiff’s claims under the VICRA; and it is further ORDERED that Defendant shall have up to and including June 2, 2016 within which to file, if it so chooses, briefing in support of summary judgment on Plaintiff’s claims under the VICRA addressing the governing legal principles, and applying the law to the facts, in view of the caution expressed in Rennie v. Hess Oil Virgin Islands Corporation, 62 V.I. 529 (V.I. 2015), regarding the use of federal jurisprudence to interpret VICRA. Defendant shall not seek summary judgment on any issues beyond those referenced in its original Motion for Summary Judgment; and it is further ORDERED that Plaintiff shall have up to and including June 16, 2016 within which to file a response to any brief submitted by Defendant; and it is further ORDERED that Defendant shall have up to and including June 30, 2016 within which to file a reply, if any. SO ORDERED. Date: May 19, 2016 _______/s/_______ WILMA A. LEWIS Chief Judge Case: 1:08-cv-00047-AET-GWC Document #: 127 Filed: 05/19/16 Page 3 of 3