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.
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Civil No. 2006-102
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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