Maldonado v. Federal Express Corporation

MOTION for Summary Judgment

D.V.I.March 28, 2019

IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX NATACHA MALDONADO, ) Plaintiff, ) v. ) Case. No. 1:17-CV-39 ) FEDERAL EXPRESS CORPORATION, ) Defendant. ) ) ______________________________________________________________________________ DEFENDANT’S MOTION FOR SUMMARY JUDGMENT ______________________________________________________________________________ Defendant, Federal Express Corporation (FedEx), pursuant to Rule 56 of the Federal Rules of Civil Procedure, requests an order dismissing all claims. 1. The four count complaint alleges FedEx (1) violated the Virgin Islands Wrongful Discharge Act (WDA), 24 V.I.C. § 76 (Complaint, Count I), (2) subjected Plaintiff to a hostile work environment in violation of 10 V.I.C. § 64 and 10 V.I.C. § 64a (Complaint, Count II), (3) violated the Virgin Islands Civil Right Statues, 10 V.I.C. § 64, 10 V.I.C. § 64a and 24 V.I.C. § 451 et. seq. (Complaint, Count III), and (4) through its manager acted in deceit and against the reasonable expectation of the Plaintiff to have sex with him. 2. For the reasons articulated in the contemporaneously filed undisputed statement of material facts (along with the supporting admissible evidence), and memorandum in support of summary judgment, there are no material issues of fact and FedEx is entitled to judgment on all claims. 3. FedEx terminated Plaintiff because she willfully and intentionally disobeyed FedEx’s reasonable and lawful rules, orders, and instructions. Plaintiff committed repeated acts Case: 1:17-cv-00039-WAL-GWC Document #: 118 Filed: 03/28/19 Page 1 of 3 of workplace violence, and in addition, willfully carried on an intimate consensual sexual relationship for over three and a half years with her manager with whom she had two children. WHEREFORE, for the reasons articulated herein, and the contemporaneously filed undisputed statement of material facts, and memorandum in support of summary judgment, FedEx is entitled to judgment on all claims. DATED this 28th day of March, 2019. Respectfully submitted, By: s/Charles E. Engeman___________ Charles E. Engeman (V.I. Bar No. 498) OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. The Tunick Building, Suite 201 1336 Beltjen Road St. Thomas, VI 00802-4701 Telephone: (340) 714-1235 charles.engeman@ogletreedeakins.com AND Frederick L. Douglas (admitted pro hac vice) Robbin Wilson Hutton (admitted pro hac vice) Brandie N. Smith (admitted pro hac vice) Federal Express Corporation 3620 Hacks Cross Road Building B, Third Floor Memphis, TN 38125 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of Defendant’s Motion for Summary Judgment has been served via ECF this 28th day of March, 2019, upon: Lee J. Rohn, Esq. Mary Faith Carpenter, Esq. Lee J. Rohn and Associates, LLC Case: 1:17-cv-00039-WAL-GWC Document #: 118 Filed: 03/28/19 Page 2 of 3 1101 King Street Christiansted, St. Croix, VI 00820-4933 By: s/Charles E. Engeman__________ Counsel for Defendant Case: 1:17-cv-00039-WAL-GWC Document #: 118 Filed: 03/28/19 Page 3 of 3