Case: Jones v. Gov't of Virgin Islands

1:84-cv-00047 | District Court of the Virgin Islands

Filed Date: Feb. 8, 1984

Clearinghouse coding complete

Case Summary

On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress. Discovery took place for over t…

On February 8, 1984, a student with disabilities filed suit in the U.S. District Court for the District of the Virgin Islands against the Government of the Virgin Islands for failure to provide a free and appropriate education by not adhering to her individualized education plan (IEP) or providing related services. The plaintiff was represented by private counsel and the Disability Rights Center of the Virgin Islands, an advocacy organization created by Congress.

Discovery took place for over ten years. On September 21, 2001 the plaintiff moved for a temporary restraining order and a preliminary injunction to enjoin the defendant from failing to provide appropriate personnel to administer psychological services. Discovery continued for several more years. The plaintiff again moved for a preliminary injunction for the same reasons on February 11, 2005. Neither of these motions were granted.

The Court finally entered a consent decree negotiated by the parties on February 20, 2007. As per the Disability Studies Quarterly, the decree required the defendant to meet Virgin Islands Family Information Network on Disabilities (USVI Child Find) requirements when referring students for special education services; develop new procedures for evaluation and eligibility for special education services; and institute a faster IEP implementation process.

The plaintiff moved to reopen the case on June 7, 2011, but this motion was denied by the Court as moot on March 14, 2012.

We do not know how long the consent decree was set to last, but there has been no further activity on the docket as of April 2020, and the case is presumably now closed.

Summary Authors

Stella Cernak (5/18/2014)

Jonah Feitelson (4/9/2020)

People


Judge(s)

Gomez, Curtis V. (Virgin Islands)

Attorney for Plaintiff

Headley-Lamont, Amelia (Virgin Islands)

Jennings, Archie (Virgin Islands)

Attorney for Defendant

Roach, Tregenza A (Virgin Islands)

Thomas-Jacobs, Carol (Virgin Islands)

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Documents in the Clearinghouse

Document

1:84-cv-00047

Docket [PACER]

Jones, Nadine v. Government of The Virgin Islands

March 14, 2012

March 14, 2012

Docket

Docket

Last updated Feb. 20, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link

Jams Calendar Events (Entered: 02/08/1984)

Feb. 8, 1984

Feb. 8, 1984

210

SEE DOCKET CARD FOR PREVIOUS ENTRIES (Entered: 01/24/1996)

Jan. 24, 1996

Jan. 24, 1996

210

TRANSCRIPT of hearing held on 8/31/95 filed by V. Lawrence (Entered: 01/24/1996)

Jan. 24, 1996

Jan. 24, 1996

211

ORDER (GWB) on pretrial conference held on 1/26/96 cc attys eod 01/31/96 (Entered: 01/31/1996)

Jan. 31, 1996

Jan. 31, 1996

212

PROPOSED findings of fact and conclusion of law by pltf (Entered: 02/05/1996)

Feb. 5, 1996

Feb. 5, 1996

213

COURTROOM MINUTES eod 03/07/96 (Entered: 03/01/1996)

March 1, 1996

March 1, 1996

214

EXHIBIT #1 AND 2 SUBMITTED BY PLTF (Entered: 03/01/1996)

March 1, 1996

March 1, 1996

215

AFFIDAVIT of Jessica Claxton eod 03/18/96 [MWR] (Entered: 03/01/1996)

March 1, 1996

March 1, 1996

216

PROPOSED findings of fact and conclusions of law by pltf eod 03/21/96 [MWR] (Entered: 03/21/1996)

March 21, 1996

March 21, 1996

216

VOLUME (6) SIX eod 03/22/96 [MWR] (Entered: 03/21/1996)

March 21, 1996

March 21, 1996

217

EXHIBIT pltf eod 06/04/96 [MWR] (Entered: 06/03/1996)

June 3, 1996

June 3, 1996

218

PROPOSED findings of fact and conclusions of law py pltf eod 06/05/96 [MWR] (Entered: 06/04/1996)

June 4, 1996

June 4, 1996

220

COURTROOM MINUTES eod 06/14/96 [MWR] (Entered: 06/05/1996)

June 5, 1996

June 5, 1996

221

EXHIBIT list from hearing held in St. Thomas on 6/7/96 eod 06/14/96 [MWR] (Entered: 06/05/1996)

June 5, 1996

June 5, 1996

219

PROPOSED findings of fact and conclusions of law by pltf eod 06/13/96 [MWR] (Entered: 06/12/1996)

June 12, 1996

June 12, 1996

222

STIPULATION of counsel eod 06/14/96 [MWR] (Entered: 06/14/1996)

June 14, 1996

June 14, 1996

223

COURTROOM MINUTES (GWB) matter came on for status conference. Next status report 6/28/96 9:00am via Telephone (Reporter V. Lawrence) eod 06/21/96 [MWR] (Entered: 06/21/1996)

June 21, 1996

June 21, 1996

224

PROPOSED findng of fact and conclusion of law eod 07/15/96 [MWR] (Entered: 07/15/1996)

July 15, 1996

July 15, 1996

225

EXHIBIT by pltf eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

226

PROPOSED findings of fact and conclusion of law eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

227

ORDER ASSIGNS CONF to 10/11/96 at 10:00AM Room 295 (GWB) c/m hearing was also held on St. Thomas on 10/4/96 cc attys eod 10/10/96 [MWR] (Entered: 10/10/1996)

Oct. 10, 1996

Oct. 10, 1996

228

EXHIBIT by pltf eod 10/17/96 [MWR] (Entered: 10/17/1996)

Oct. 17, 1996

Oct. 17, 1996

229

PROPOSED finding of fact and conclusion of law eod 10/30/96 [MWR] (Entered: 10/30/1996)

Oct. 30, 1996

Oct. 30, 1996

230

AFFIDAVIT of Mearle JnMarie eod 01/06/97 [MWR] (Entered: 01/06/1997)

Jan. 6, 1997

Jan. 6, 1997

231

EXHIBIT plaintiffs eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997

Feb. 21, 1997

232

RETURN of service of subpoena exec on Francis Brin on 2/10/97 eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997

Feb. 21, 1997

234

RETURN of service of subpoena exec Lune Alexander on 2/12/97 eod 02/21/97 [MWR] (Entered: 02/21/1997)

Feb. 21, 1997

Feb. 21, 1997

235

AFFIDAVIT of Wayne Petersen eod 02/25/97 [MWR] (Entered: 02/25/1997)

Feb. 25, 1997

Feb. 25, 1997

236

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

237

EXHIBIT by pltf eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

238

AFFIDAVIT of Meena Dadlani eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

239

AFFIDAVIT of Patricia Mortenson eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

240

AFFIDAVIT of Patrice Harley eod 03/11/97 [MWR] (Entered: 03/10/1997)

March 10, 1997

March 10, 1997

240

COURTROOM MINUTES of 2/27/97 eod 04/07/97 [MWR] (Entered: 04/07/1997)

April 7, 1997

April 7, 1997

240

COURTROOM MINUTES of 3/21/97 eod 04/07/97 [MWR] (Entered: 04/07/1997)

April 7, 1997

April 7, 1997

241

MOTION informational by defts eod 05/21/97 [MWR] (Entered: 05/15/1997)

May 15, 1997

May 15, 1997

242

RETURN of subpoena executed on Francia Brin on 05/28/97 eod 06/03/97 [THT] (Entered: 06/03/1997)

June 3, 1997

June 3, 1997

243

COURTROOM MINUTES held on 06/6/97 eod 06/06/97 [THT] (Entered: 06/06/1997)

June 6, 1997

June 6, 1997

244

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 06/20/97 [MWR] (Entered: 06/20/1997)

June 20, 1997

June 20, 1997

245

RETURN of service of subpoena exec on Francis Brin on 7/25/97 eod 07/30/97 [MWR] (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

246

RETURN of service of subpoena exec on Wynnona Todman on 7/25/97 eod 07/30/97 [MWR] (Entered: 07/30/1997)

July 30, 1997

July 30, 1997

247

COURTROOM MINUTES of hearing held on 8/29/97 in St. Thomas (Reporter Rivas) eod 09/04/97 [MWR] (Entered: 09/04/1997)

Sept. 4, 1997

Sept. 4, 1997

248

EXHIBIT by pltf eod 11/20/97 [MWR] (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

249

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 11/20/97 [MWR] (Entered: 11/20/1997)

Nov. 20, 1997

Nov. 20, 1997

250

FINDINGS OF FACT &CONCLUSION OF LAW proposed by pltf eod 12/23/97 [MWR] (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

251

COURTROOM MINUTES hearing held on 2/20/98 with Mag. Barnard ct. reporter D. Rivas eod 02/24/98 [MWR] (Entered: 02/24/1998)

Feb. 24, 1998

Feb. 24, 1998

252

FINDINGS OF FACT &CONCLUSION OF LAW prpopsed by pltf eod 03/18/98 [MWR] (Entered: 03/16/1998)

March 16, 1998

March 16, 1998

253

NOTICE of serving pltf first set of interrog and request for production to deft eod 05/07/98 [MWR] (Entered: 05/06/1998)

May 6, 1998

May 6, 1998

254

CT REPORTER'S TRANSCRIPT filed by Chandra R. Kean, on hearing held on 3/27/98 by Mag. Barnard eod 05/14/98 [MWR] (Entered: 05/13/1998)

May 13, 1998

May 13, 1998

255

EXHIBIT by pltf eod 06/23/98 [MWR] (Entered: 06/22/1998)

June 22, 1998

June 22, 1998

256

STATEMENT of fact regarding the provision of services under idea by pltf eod 09/01/98 [THT] (Entered: 08/31/1998)

Aug. 31, 1998

Aug. 31, 1998

257

COURTROOM MINUTES Status Conference (GWB) held, Court continue matter to 10/02/98 on the St. Thomas issue, Court will hear St. Croix issue on 10/09/98 eod 09/15/98 [ABM] (Entered: 09/04/1998)

Sept. 4, 1998

Sept. 4, 1998

259

RETURN of service of subpeona executed on Edgardo Emeric on 09/24/98 eod 09/28/98 [ABM] (Entered: 09/28/1998)

Sept. 28, 1998

Sept. 28, 1998

260

EXHIBIT by pltf eod 10/08/98 [MWR] (Entered: 10/07/1998)

Oct. 7, 1998

Oct. 7, 1998

260

COURTROOM MINUTES (GWB) hearing held in St. Thomas, reporter Persha Warner eod 10/15/98 [MWR] (Entered: 10/09/1998)

Oct. 9, 1998

Oct. 9, 1998

260

ORDER ASSIGNS HEARING to 10/16/98 at 10:00AM Room 295 (GWB) c/m eod 10/15/98 [MWR] (Entered: 10/09/1998)

Oct. 9, 1998

Oct. 9, 1998

261

EXHIBIT by pltf eod 10/16/98 [MWR] (Entered: 10/16/1998)

Oct. 16, 1998

Oct. 16, 1998

262

COURTROOM MINUTES of hearing held by Mag. Barnard in St. Thomas on 11/13/98 reporter D. Rivas eod 11/18/98 [MWR] (Entered: 11/13/1998)

Nov. 13, 1998

Nov. 13, 1998

263

COURTROOM MINUTES of hearing by Mag. Barnard on 2/25/00 in St. Thomas by Tape 24 and 25 sides one and two eod 02/29/00 [MWR] (Entered: 02/29/2000)

Feb. 29, 2000

Feb. 29, 2000

264

RETURN of service of subpoena exec on Carlitos Grant on 5/17/00 eod 05/22/00 [MWR] (Entered: 05/19/2000)

May 19, 2000

May 19, 2000

265

COURTROOM MINUTES of hearing held on 5/19/00 with Mag. Barnard court reporter C. Kean eod 05/25/00 [MWR] (Entered: 05/25/2000)

May 25, 2000

May 25, 2000

266

COURTROOM MINUTES status confernce held with Mag. Barnard court reporter S. Miller eod 06/09/00 [MWR] (Entered: 06/08/2000)

June 8, 2000

June 8, 2000

267

COURTROOM MINUTES (GWB) status hearing held eod 05/23/01 [THT] (Entered: 05/18/2001)

May 18, 2001

May 18, 2001

268

ORDER (JLR) for memorandum and scheduling conference/hearing cc attys eod 06/13/01 [MWR] (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

268

ORDER ASSIGNS CONF to 07/17/01 at 09:30AM Room 295 (JLR) c/m eod 06/13/01 [MWR] (Entered: 06/12/2001)

June 12, 2001

June 12, 2001

269

MOTION FOR CONTINUANCE by pltfs eod 07/10/01 [MA] (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

270

ORDER (JLR) (dated 7/5/01 was not docketed before) granting pltf motion for continuance cc attys eod 09/12/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001

Sept. 12, 2001

270

ORDER ASSIGNS P/T to 09/13/01 at 10:30AM Room 295 (JLR) c/m eod 09/12/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001

Sept. 12, 2001

271

ORDER (JLR) granting pltf motion for continuance cc attys eod 09/13/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001

Sept. 12, 2001

271

ORDER ASSIGNS HEARING to 11/09/01 at 10:00AM Room 295 (JLR) c/m eod 09/13/01 [MWR] (Entered: 09/12/2001)

Sept. 12, 2001

Sept. 12, 2001

272

MOTION for continuance eod 09/18/01 [MWR] (Entered: 09/17/2001)

Sept. 17, 2001

Sept. 17, 2001

273

MOTION FOR TRO order and preliminary injunction enjoining defts from failing to provide appropriate personnel to administer psychological services eod 09/24/01 [MWR] (Entered: 09/21/2001)

Sept. 21, 2001

Sept. 21, 2001

274

ORDER ASSIGNS HEARING to 10/12/01 at 10:00AM Room 295 (TKM) c/m eod 10/01/01 [MWR] (Entered: 09/27/2001)

Sept. 27, 2001

Sept. 27, 2001

276

MOTION TO QUASH subpoena exec on Rose−Marie Frett Callwood eod 10/11/01 [MWR] (Entered: 10/03/2001)

Oct. 3, 2001

Oct. 3, 2001

275

NOTICE OF TAKING DEPOSITION of Frett Callwood on 10/4/01 eod 10/10/01 [NAH] (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

278

ORDER (JLR) denying motion to quash subpoena cc attys eod 10/11/01 [MWR] (Entered: 10/04/2001)

Oct. 4, 2001

Oct. 4, 2001

279

OPPOSITION by pltf to motion to quash eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001

Oct. 9, 2001

280

RETURN of service of subpoena exec on Frett Callwood on 10/2/01 eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001

Oct. 9, 2001

281

NOTICE OF TAKING DEPOSITION amended eod 10/11/01 [MWR] (Entered: 10/09/2001)

Oct. 9, 2001

Oct. 9, 2001

284

OPPOSITION to pltf motion for TRO and for preliminary injunction eod 10/12/01 [MWR] (Entered: 10/12/2001)

Oct. 12, 2001

Oct. 12, 2001

285

COURTROOM MINUTES on motion for TRO and PI with Judge Moore, reporter V. Lawrence eod 10/15/01 [MWR] (Entered: 10/15/2001)

Oct. 15, 2001

Oct. 15, 2001

285

STIPULATION settlement agreement and consent decree (not signed) eod 11/26/01 [MWR] (Entered: 11/21/2001)

Nov. 21, 2001

Nov. 21, 2001

286

STIPULATION (TKM) settlement agreement and consent decree entered cc attys eod 11/30/01 [MWR] (Entered: 11/28/2001)

Nov. 28, 2001

Nov. 28, 2001

287

AFFIDAVIT of Paulette Alexis eod 12/27/01 [MWR] (Entered: 12/20/2001)

Dec. 20, 2001

Dec. 20, 2001

288

PTC ORDER FROM P/T ON 3/21/03 order entered St. Croix issued will be reviewed on 4/4/03 @ 10am,counsel will report on the matter of qualification of psyc at the hearing cc attys eod 03/26/03 [MWR] (Entered: 03/21/2003)

March 21, 2003

March 21, 2003

289

COURTROOM MINUTES hearing held with Mag. Barnard, reporter S. Miller eod 04/07/03 [MWR] (Entered: 04/04/2003)

April 4, 2003

April 4, 2003

290

NOTICE of first set of interrogatories and request for production of documents for employee of deft by pltf eod 07/29/03 [TS] (Entered: 07/28/2003)

July 28, 2003

July 28, 2003

291

VOLUME (7) SEVEN eod 07/30/03 [TS] (Entered: 07/30/2003)

July 30, 2003

July 30, 2003

292

RETURN of service exec on Rosalind Knight on 11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

293

RETURN of service exec on Madelyn Lake−Thomas on 11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

294

RETURN of service exec on Comm. Noreen Micheal, Ph.D on11/15/04 (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

295

CTRM. MIN. (GWC) of hearing held on evidentiary via video conference(Ct. Reporter Chandra Kean) present (Entered: 12/10/2004)

Dec. 10, 2004

Dec. 10, 2004

296

NOTICE regarding application of federal rule 25(D) by deft (Entered: 02/02/2005)

Feb. 2, 2005

Feb. 2, 2005

297

NOTICE of motion by pltf (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

298

MOTION for preliminary injunction enjoyining defts from failing to provide appropriate personnel to administer appropriate related services by pltfs (Entered: 02/11/2005)

Feb. 11, 2005

Feb. 11, 2005

299

OPPOSITION to pltfs motion for preliminary injunction enjoying defts from failing to provide appropriate related services by defts (Entered: 02/25/2005)

Feb. 25, 2005

Feb. 25, 2005

300

RETURN of service exec on Paulete Holut on 3/3/05 (Entered: 03/09/2005)

March 9, 2005

March 9, 2005

301

NOTICE of deposition by pltfs (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

302

NOTICE of deposition by pltfs (Entered: 03/14/2005)

March 14, 2005

March 14, 2005

303

MINUTES OF PROCEEDINGS held on St. Croix May 13, 2005 before Magistrate Geoffrey W. Barnard. Meeting scheduled for August 26, 2005 at 10:00 A.M. to take place on St. Thomas. V. Lawrence, ct rpt (Entered: 05/13/2005)

May 13, 2005

May 13, 2005

Case Details

State / Territory: Virgin Islands

Case Type(s):

Education

Key Dates

Filing Date: Feb. 8, 1984

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A disabled student whose school failed to adhere to her individualized education plan.

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Government of the Virgin Islands, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - None

Content of Injunction:

Preliminary relief denied

Student assignment

Remedial education

Goals (e.g., for hiring, admissions)

Issues

General:

Individualized planning

Disability and Disability Rights:

Special education

disability, unspecified

Mental impairment

Type of Facility:

Government-run