Williams v. Government of the Virgin Islands

51 V.I. 57, 2009 WL 1649752, 2009 V.I. LEXIS 4
CourtSuperior Court of The Virgin Islands
DecidedJune 10, 2009
DocketCase No. SX-08-CV-602
StatusPublished

This text of 51 V.I. 57 (Williams v. Government of the Virgin Islands) is published on Counsel Stack Legal Research, covering Superior Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Government of the Virgin Islands, 51 V.I. 57, 2009 WL 1649752, 2009 V.I. LEXIS 4 (visuper 2009).

Opinion

DONOHUE, SR., Presiding Judge

MEMORANDUM OPINION

(June 10, 2009)

THIS MATTER is before the Court on a Petition for Writ of Review and a Motion for Rule 15(d) Relief filed on December 10, 2008 and a Motion for a Temporary Restraining Order filed on December 22,2008 by Petitioner, Wilbert Williams, M.D. Respondent, Government of the Virgin Islands (hereinafter “Government”), has filed Oppositions and Petitioner has filed Replies thereto.

I. FACTUAL AND PROCEDURAL BACKGROUND

Wilbert Williams, M.D., has practiced medicine in St. Croix, U.S. Virgin Islands since 1983. On April 15, 2005, Williams treated Lydia Ventura in his office. At some point during the office visit, Ms. Ventura became unresponsive and emergency medical personnel were called. Ms. Ventura was transported to the Gov. Juan F. Luis Hospital and Medical Center where she subsequently died several days later. The Virgin Islands Board of Medical Examiners (hereinafter “Board”) received information regarding Williams’ treatment of Ms. Ventura. On May 31, 2005, the Board sent Williams a notice requesting his presence at a show cause hearing to be held on June 9, 2005. After the show cause hearing was held, the Board then issued a one-year suspension of Williams’ license to practice medicine on June 17, 2005.

On June 28, 2005, Williams filed a Complaint in the Superior Court of the Virgin Islands1 alleging due process violations regarding the Board’s hearing and challenging its decision to suspend his license. Williams motioned the Superior Court for a temporary restraining order (hereinafter “TRO”) to prohibit the Board from suspending his medical license. A hearing was held on June 30, 2005 and another hearing was [61]*61scheduled for July 6, 2005. The Government filed a Motion to Continue the hearing until July 13, 2005. Before the Court ruled on the Motion, Williams filed a Notice of Dismissal on July 7, 2005, which was granted on the same date.

On July 8, 2005, Williams filed a Complaint in the District Court of the Virgin Islands. Williams sought a TRO enjoining the Board from enforcing its decision of suspending Williams’ license. The TRO was issued by the District Court on July 12,2005 and a hearing was scheduled for August 5, 2005. On July 14, 2005, however, the Board sent Williams a notice of a new show cause hearing, which was held on September 12, 2005. After the second hearing, the Board issued a Final Order dated January 26, 2006, revoking Williams’ license to practice medicine in the U.S. Virgin Islands for life.

Williams sought another TRO in the District Court to enjoin the enforcement of the Board’s decision, which was granted on March 10, 2006. At a hearing on March 30, 2006, the Parties stipulated to an extension on the TRO until further order of the Court. Evidentiary hearings were then held in 2007 and 2008 to determine whether the Court was required to dismiss Williams’ case pursuant to the Younger or abstention doctrine.2 By order of the District Court on December 8, 2008, the Court dismissed Williams’ case pursuant to the Younger or abstention doctrine, basically stating that the District Court would abstain from hearing the matter. Thereafter, Williams filed a Petition for Writ of Review and a Motion for Rule 15(d) Relief on December 10, 2008 and a Motion for a Temporary Restraining Order on December 22, 2008 in the Superior Court of the Virgin Islands.

On January 7, 2009, the Court held a hearing on the Motion for a Temporary Restraining Order in which the issue of jurisdiction arose. The Court ordered the Parties to file individual briefs addressing the issue of the Court’s jurisdiction. Also on January 7, 2009, the Government filed an Opposition to both the Motion for Temporary Restraining Order and the Motion for Rule 15(d) Relief. Williams filed a Reply to Government’s [62]*62Opposition to Rule 15(d) Relief and Motion for Temporary Restraining Order. On January 8,2009, the Parties submitted their respective briefs on the issue of the Court’s jurisdiction. The Government also filed a Motion to Dismiss, Williams filed a Response, and the Government filed a Reply thereto. On January 29, 2009, Williams filed a Supplemental Motion Re Jurisdiction and on February 12,2009, the Government filed its Response.

II. STANDARD

Superior Court Rule 15 — Writs of Review

A writ of review may be granted by the Court upon the petition of any person aggrieved by the decision or determination of an officer, board, commission, authority, or tribunal. Such petition shall be filed within 30 days after the date of the decision or determination complained of and shall recite such decision or determination and set forth the errors alleged to have been committed therein. ...

Super. Ct. R. 15(a).

The Court has jurisdiction over a petition for writ of review filed more than 30 days after the decision complained of, where the petition was filed within 30 days of when the decision was received by the petitioner. Tip Top Constr., Inc. v. Dep’t. of Prop. & Procurement, 41 V.I. 72 (Super Ct. 1999). The Court lacks jurisdiction to entertain untimely petitions for writ of review. In re Hodge, 16 V.I. 548 (Terr. Ct. 1979). Moreover, since an untimely filing deprives the court of its jurisdiction, it will be dismissed for lack of jurisdiction. See Pichardo v. Comm’r of Labor, 49 V.I. 447, 451 (V.I. 2008) (citing Bowles v. Russell, 551 U.S. 205, 127 S. Ct. 2360, 2366, 168 L. Ed. 2d 96 (2007)).

III. DISCUSSION and ANALYSIS

Before the Court can address the merits of the Petition for Writ of Review, the Court must first determine whether it has jurisdiction to hear the Petition. In doing so, the Court will address the Parties’ arguments in their jurisdictional briefs, dismissal briefs, and Rule 15(d) relief briefs.

A. Supplemental Jurisdiction Pursuant to 28 U.S.C. § 1367(d)

Williams argues that where a plaintiff has filed a complaint with both federal and local law causes of action and where the District Court has [63]*63declined jurisdiction, 28 U.S.C. § 1367(d) applies. Williams contends that 28 U.S.C. § 1367(d) automatically tolls or provides an extension for him to file his petition for writ of review for 30 days from the date of the District Court’s dismissal order. He claims that after the District Court dismissed his action on December 8, 2008, he timely filed his petition for writ of review on December 10, 2008, well within the 30-day tolling period.

28 United States Code, Section 1367 provides in pertinent part:

(a) [I]n any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution....

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Related

Schacht v. United States
398 U.S. 58 (Supreme Court, 1970)
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128 S. Ct. 349 (Supreme Court, 2007)
In Re Richards
52 F. Supp. 2d 522 (Virgin Islands, 1999)
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Government of the Virgin Islands v. Santiago
798 F. Supp. 274 (Virgin Islands, 1992)
Williams v. Government of the Virgin Islands
50 V.I. 852 (Virgin Islands, 2008)
Joseph v. People
50 V.I. 873 (Virgin Islands, 2008)
In re Disciplinary Proceedings Against Hodge
16 V.I. 548 (Supreme Court of The Virgin Islands, 1979)
Tip Top Construction, Inc. v. Government of the Virgin Islands
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Pichardo v. Commissioner of Labor
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Cite This Page — Counsel Stack

Bluebook (online)
51 V.I. 57, 2009 WL 1649752, 2009 V.I. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-government-of-the-virgin-islands-visuper-2009.