DISTRICT COURT OF THE VIRGIN ISLANDS
DIVISION OF ST. CROIX
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DR. JAMES BENNETT,
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Plaintiff,
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v.
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2004-CV-0031
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VIRGIN ISLANDS GOVERNMENT
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through VIRGIN ISLANDS BOARD OF
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OPTOMETRIC EXAMINERS, DR. PETER
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KUMPITCH, and DR. CRAIG
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FRIEDENBERG,
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Defendants.
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__________________________________________5
TO:
Lee J. Rohn, Esq.
Raymond James, Esq., AAG
William J. Glore, Esq.
ORDER
THIS MATTER came before the Court for show cause hearing and hearing upon
Plaintiff’s Motion For Sanctions Against Defendants Dr. Peter Kumpitch, [sic] and Dr.
Craig Friedenberg (Docket No. 90) on October 22, 2007.  K. Glenda Cameron, Esq.,
represented Plaintiff.  Raymond James, Esq., appeared on behalf of Defendant Virgin
Islands Government.  William J. Glore, Esq., appeared on behalf of Defendant Dr. Peter
Kumpitch and Defendant Dr. Craig Friedenberg.  Defendant Dr. Craig Friedenberg  also
appeared personally.
Case: 1:04-cv-00031-RLF-GWC   Document #: 116   Filed: 10/22/07   Page 1 of 4
Bennett v. Virgin Islands Government
2004-CV-0031
Order
Page 2
With respect to the Order to Show Cause, Defendant Dr. Craig Friedenberg
appeared and explained that he was not aware that he was being sued individually as well
as a member of the board of optometric examiners.  Dr. Friedenberg stated that he now
understands the need for personal representation and has retained the law firm of Dudley,
Clark and Chan to represent him.  Attorney Glore has filed a notice of appearance, and he
affirmed at the hearing that he is now counsel for Dr. Friedenberg.  The Court accepts Dr.
Friedenberg’s explanation regarding his failure to appear for previous court hearings and
conferences.  Thus, the Court will decline to hold Dr. Friedenberg in contempt.
Plaintiff alleges that all Defendants have completely failed to comply with the
Court’s Orders entered February 6 and 7, 2007, and September 19, 2007 (Docket No. 76, 77,
and 111), ordering Defendants to respond to Plaintiff’s discovery requests.  All Defendants
admitted that they have failed to submit the discovery as required.  Because the Court finds
that Defendant Dr. Craig Friedenberg’s failure, in part, resulted from his misunderstanding
regarding his need for individual representation, the Court will deny Plaintiff’s request for
sanctions against Dr. Friedenberg.  However, the Court will grant Plaintiff’s request for
costs and attorney’s fees against Defendants Virgin Islands Government and Defendant Dr.
Peter Kumpitch.
Accordingly, it is now hereby ORDERED:
Case: 1:04-cv-00031-RLF-GWC   Document #: 116   Filed: 10/22/07   Page 2 of 4
Bennett v. Virgin Islands Government
2004-CV-0031
Order
Page 3
1.
Plaintiff’s Motion For Sanctions Against Defendants Dr. Peter Kumpitch, [sic]
and Dr. Craig Friedenberg (Docket No. 90) is GRANTED IN PART AND
DENIED IN PART.
2.
Within twenty (20) days from the date of entry of this order, specifically, on
or before November 13, 2007, Defendant Virgin Islands Government,
Defendant Dr. Peter Kumpitch, and Defendant Dr. Craig Friedenberg shall
serve upon counsel for Plaintiff responses to Plaintiff’s Interrogatories and
Demand For Production of Documents, as previously ordered.  Failure to
comply shall result in further sanctions.
3.
Defendant Virgin Islands Government and Defendant Dr. Peter Kumpitch
shall pay to counsel for Plaintiff, upon the Court’s approval thereof,
Plaintiff’s costs and attorney’s fees resulting from and associated with the
filing of the motions to show cause, including court appearances.
4.
Counsel for Plaintiff shall submit, within ten (10) days from the date of this
order, a declaration or other affirmation of Plaintiff’s costs and attorney’s fees
resulting from and associated with the filing of Plaintiff’s motions to show
cause, including court appearances.
Case: 1:04-cv-00031-RLF-GWC   Document #: 116   Filed: 10/22/07   Page 3 of 4
Bennett v. Virgin Islands Government
2004-CV-0031
Order
Page 4
5.
The Court declines to find Defendant Dr. Craig Friedenberg in contempt of
Court.
ENTER:
Dated: October 22, 2007
                                /s/                                   
GEORGE W. CANNON, JR.
U.S. MAGISTRATE JUDGE
Case: 1:04-cv-00031-RLF-GWC   Document #: 116   Filed: 10/22/07   Page 4 of 4