Ritter v. USPS
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX ERNIE RITTER, ) ) Plaintiff, ) ) Civil Action No. 2016-0040 v. ) ) UNITED STATES POSTAL SERVICE and ) AMERICAN POSTAL WORKERS UNION, ) ) Defendants. ) __________________________________________) Attorneys: Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff Angela Tyson-Floyd, Esq. St. Croix, U.S.V.I. For Defendant United States Postal Service ORDER THIS MATTER comes before the Court on the Report and Recommendation (“R&R”) submitted by Magistrate Judge Emile A. Henderson III. (Dkt. No. 71). For the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge Henderson’s Report and Recommendation (Dkt. No. 71) is ADOPTED AS MODIFIED; and it is further ORDERED that Defendant United States Postal Service’s “Motion to Dismiss” (Dkt. No. …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX ERNIE RITTER, ) ) Plaintiff, ) ) Civil Action No. 2016-0040 v. ) ) UNITED STATES POSTAL SERVICE and ) AMERICAN POSTAL WORKERS UNION, ) ) Defendants. ) __________________________________________) Attorneys: Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff Angela Tyson-Floyd, Esq. St. Croix, U.S.V.I. For Defendant United States Postal Service ORDER THIS MATTER comes before the Court on the Report and Recommendation (“R&R”) submitted by Magistrate Judge Emile A. Henderson III. (Dkt. No. 71). For the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge Henderson’s Report and Recommendation (Dkt. No. 71) is ADOPTED AS MODIFIED; and it is further ORDERED that Defendant United States Postal Service’s “Motion to Dismiss” (Dkt. No. 41) is GRANTED; and it is further ORDERED that Count II of Plaintiff’s Amended Complaint is DISMISSED WITH PREJUDICE; and it is further ORDERED that Count I and Count III of Plaintiff’s Amended Complaint are Case: 1:16-cv-00040-WAL-EAH Document #: 72 Filed: 09/30/23 Page 1 of 2 DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that Plaintiff shall have up to and including October 30, 2023 within which to amend his Amended Complaint to address the deficiencies discussed in the accompanying Memorandum Opinion, filed contemporaneously herewith. SO ORDERED. Date: September 30, 2023 _______/s/_______ WILMA A. LEWIS District Judge Case: 1:16-cv-00040-WAL-EAH Document #: 72 Filed: 09/30/23 Page 2 of 2