DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
JAMAL A. MORTON, individually and on 
behalf of all others similarly situated, 
Plaintiff, 
v. 
THE UNITED STATES VIRGIN ISLANDS, et 
al., 
Defendants. 
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Case No. 3:20-cv-0109 
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ORDER  
THIS MATTER came before the Court for a status conference on February 2, 2022. 
For the reasons stated on the record, it is hereby ORDERED that the parties shall adhere to 
the following schedule:  
 
1. The parties shall have until April 5, 2022, to complete jurisdictional discovery, 
including propounding and responding to discovery requests and the completion 
of depositions.1 
 
2. The parties shall jointly contact Magistrate Judge Miller to attempt an informal 
resolution of any discovery disputes prior to filing discovery motions. 
 
3. The parties shall, by no later than April 26, 2022, file simultaneous briefs, with 
citations to the appropriate authorities and evidence, on whether this Court lacks 
subject-matter jurisdiction under the mootness doctrine2 over the claims filed by 
Morton in the Amended Complaint. Any responsive briefs shall be filed no later 
than May 3, 2022. The parties shall also address in their respective briefs 
whether Plaintiff has exhausted his administrative remedies in his claim under 26 
U.S.C. § 7422. See Morton v. United States Virgin Islands, Case No. 21-1929, 2021 
U.S. App. LEXIS 38471, * at 6 n.6 (Dec. 29, 2021) (“For one, we note that Morton’s 
26 U.S.C. § 7422 claim requires administrative exhaustion.”).  
 
Dated: February 2, 2022 
 
/s/  Robert A. Molloy  
 
 
 
  
 
                                         ROBERT A. MOLLOY 
 
 
  
 
 
Chief Judge 
 
1 The parties are authorized to conduct depositions remotely. 
 
2 During the December 14, 2020 hearing in this matter, the Government of the Virgin Islands advised the Court 
that it was no longer taking the position that incarcerated individuals were not entitled to Economic Impact 
Payments (“EIP”). Moreover, the Government proffered that it issued EIPs to Morton and other incarcerated 
individuals. However, there is no evidence of this in the record of this case.  
Case: 3:20-cv-00109-RAM-RM   Document #: 99   Filed: 02/02/22   Page 1 of 1