IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. CROIX 
 
 
TAMICA FRASER, 
 
Plaintiff, 
 
v. 
 
 
KMART CORPORATION, 
 
                                    Defendant. 
 
 
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CIVIL NO. 2005-0129 
 
 
 
  
 
 
 
ORDER 
FINCH, SENIOR JUDGE 
 
 
THIS MATTER comes before the Court on a Motion for Summary Judgment filed by 
Defendant Kmart Corporation.  Plaintiff Tamica Fraser opposes such Motion.  After careful 
consideration and for the reasons stated in the accompanying Memorandum Opinion, it is hereby 
 
ORDERED that, with respect to Plaintiff’s claim for violation of the Virgin Islands civil 
rights statute 10 V.I.C. § 64, Defendant’s Motion for Summary Judgment is GRANTED; it is 
further  
 
ORDERED that, with respect to Plaintiff’s claim for constructive discharge in violation 
of the Wrongful Discharge Act, Defendant’s Motion for Summary Judgment is DENIED; it is 
further 
 
 ORDERED that, with respect to Plaintiff’s claim for intentional infliction of emotional 
distress, Defendant’s Motion for Summary Judgment is DENIED; it is further 
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ORDERED that, with respect to Plaintiff’s claim for negligent infliction of emotional 
distress, Defendant’s Motion for Summary Judgment is GRANTED; it is further 
 
ORDERED that, with respect to Plaintiff’s claim for breach of the duty of good faith and 
fair dealing, Defendant’s Motion for Summary Judgment is GRANTED. 
 
  
 
 
 
ENTERED this 23rd day of April, 2008. 
 
 
 
 
 
 
 
______________/s/______________________ 
HONORABLE RAYMOND L. FINCH 
 
SENIOR U.S. DISTRICT JUDGE
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Case: 1:05-cv-00129-TJS   Document #: 151   Filed: 04/24/09   Page 3 of 3