Mamouzette v. Jerome et al
DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX MOISE MAMOUZETTE, ) ) Plaintiff, ) v. ) Civil Action No. 13-0117 ) MARC A. JEROME, Individually and in his ) official capacity as the Territorial Medical ) Director; RONALD ANDERS, Individually and ) in his official capacity as Chief of Obstetrics ) and Gynecology at Governor Juan F. Luis ) Hospital; DARICE PLASKETT, Individually ) and in her official capacity as the Commissioner ) of the Department of Health; THE VIRGIN ) ISLANDS BOARD OF MEDICAL ) EXAMINERS; THE GOVERNMENT OF THE ) VIRGIN ISLANDS; and DOES 1-5, ) ) Defendants. ) __________________________________________) Attorneys: Atiim Dia Abraham, Esq. Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff Julie Anne Beberman, Esq., St. Croix, U.S.V.I. Joss N. Springette, Esq., St Thomas, U.S.V.I. For Defendants ORDER THIS MATTER comes before the Court on Magistrate Judge Ruth Miller’s August 7, 2023 and August 9, 2023 Reports and Recommendations (Dkt. Nos. 213, 214). …
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DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX MOISE MAMOUZETTE, ) ) Plaintiff, ) v. ) Civil Action No. 13-0117 ) MARC A. JEROME, Individually and in his ) official capacity as the Territorial Medical ) Director; RONALD ANDERS, Individually and ) in his official capacity as Chief of Obstetrics ) and Gynecology at Governor Juan F. Luis ) Hospital; DARICE PLASKETT, Individually ) and in her official capacity as the Commissioner ) of the Department of Health; THE VIRGIN ) ISLANDS BOARD OF MEDICAL ) EXAMINERS; THE GOVERNMENT OF THE ) VIRGIN ISLANDS; and DOES 1-5, ) ) Defendants. ) __________________________________________) Attorneys: Atiim Dia Abraham, Esq. Yohana M. Manning, Esq. St. Croix, U.S.V.I. For Plaintiff Julie Anne Beberman, Esq., St. Croix, U.S.V.I. Joss N. Springette, Esq., St Thomas, U.S.V.I. For Defendants ORDER THIS MATTER comes before the Court on Magistrate Judge Ruth Miller’s August 7, 2023 and August 9, 2023 Reports and Recommendations (Dkt. Nos. 213, 214). For the reasons stated in the accompanying Memorandum Opinion, filed contemporaneously herewith, it is hereby ORDERED that Magistrate Judge Miller’s August 7, 2023 Report and Recommendation (Dkt. No. 213) is ADOPTED; and it is further Case: 1:13-cv-00117-WAL-RM Document #: 216 Filed: 09/12/23 Page 1 of 2 2 ORDERED that the time for Plaintiff to serve the Governor of the Virgin Islands is extended nunc pro tunc to November 14, 2022; and it is further ORDERED that the “Motion to Dismiss” (Dkt. No. 173) filed by Government of The Virgin Islands (“Government”), the Virgin Islands Board of Medical Examiners (“BME”), and Darice Plaskett (“Plaskett”) in her official capacity as the Commissioner of the Department of Health (“DOH”) is DENIED; and it is further ORDERED that the “Motion to Dismiss” (Dkt. No. 180) filed by Marc A. Jerome (“Jerome”) and Ronald Anders (“Anders”) in their official capacities is DENIED; and it is further ORDERED that the “Motion to Dismiss” (Dkt. No. 198) filed by the Government, BME, and Plaskett, Jerome, and Anders in their official capacities is DENIED; and it is further ORDERED that Magistrate Judge Miller’s August 9, 2023 Report and Recommendation (Dkt. No. 214) is ADOPTED; and it is further ORDERED that the “Motion to Dismiss” (Dkt. No. 207) field by Defendant Darice Plaskett in her individual capacity is GRANTED; and it is further ORDERED that the action against Defendant Darice Plaskett in her individual capacity is DISMISSED. SO ORDERED. Date: September 12, 2023 ________/s/________ WILMA A. LEWIS District Judge Case: 1:13-cv-00117-WAL-RM Document #: 216 Filed: 09/12/23 Page 2 of 2