Filed: Dec. 20, 2010
Latest Update: Feb. 21, 2020
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 09-4359 _ VERNE A. HODGE, Appellant v. SUPERIOR COURT OF THE VIRGIN ISLANDS _ On Appeal from the District Court of the United States Virgin Islands District Court No. 3-07-cv-00087 District Judge: The Honorable Juan R. Sanchez Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 17, 2010 Before: MCKEE, Chief Judge, FUENTES and SMITH, Circuit Judges (Filed: December 20, 2010) _ OPINION _ SMITH, Circuit Judge. In Ma
Summary: NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 09-4359 _ VERNE A. HODGE, Appellant v. SUPERIOR COURT OF THE VIRGIN ISLANDS _ On Appeal from the District Court of the United States Virgin Islands District Court No. 3-07-cv-00087 District Judge: The Honorable Juan R. Sanchez Submitted Pursuant to Third Circuit L.A.R. 34.1(a) December 17, 2010 Before: MCKEE, Chief Judge, FUENTES and SMITH, Circuit Judges (Filed: December 20, 2010) _ OPINION _ SMITH, Circuit Judge. In May..
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
_____________
No. 09-4359
_____________
VERNE A. HODGE,
Appellant
v.
SUPERIOR COURT OF THE VIRGIN ISLANDS
_____________
On Appeal from the District Court
of the United States Virgin Islands
District Court No. 3-07-cv-00087
District Judge: The Honorable Juan R. Sanchez
Submitted Pursuant to Third Circuit L.A.R. 34.1(a)
December 17, 2010
Before: MCKEE, Chief Judge, FUENTES and SMITH, Circuit Judges
(Filed: December 20, 2010)
_____________________
OPINION
_____________________
SMITH, Circuit Judge.
In May of 2007, Verne A. Hodge filed a lawsuit against his employer, the
Superior Court of the Virgin Islands (hereafter referred to as the Superior Court),
alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C.
1
§ 12112, and the Virgin Islands Whistleblowers Protection Act, 10 V.I.C. § 122.1
Thereafter, the District Court granted Hodge’s motion to dismiss his ADA claim
under Federal Rule of Civil Procedure 41(a) and to retain supplemental jurisdiction
over the Whistleblowers Protection Act claim. After the close of discovery, the
Superior Court filed a motion for summary judgment. In a thorough
memorandum, the District Court granted the motion and dismissed Hodge’s
amended complaint with prejudice. Hodge responded by filing motions for, inter
alia, summary judgment in his favor, and for default judgment, both of which were
denied by the District Court. Hodge unsuccessfully sought reconsideration of each
of these orders. This timely appeal followed.2
We conduct plenary review of a District Court’s grant of summary
judgment. Hutchins v. Wilentz, Goldman & Spitzer,
253 F.3d 176, 181 (3d Cir.
2001). In granting the Superior Court’s motion for summary judgment, the District
Court concluded that Hodge failed to adduce proof of any of the elements of a
prima facie case under the Whistleblowers Protection Act. Hodge contends that
the District Court erred in applying the case law relevant to whistleblower actions.
We disagree. For substantially the reasons given by the District Court, we will
affirm the order granting summary judgment in favor of the Superior Court on
1
The District Court exercised jurisdiction under 48 U.S.C. § 1612(a) and 28 U.S.C.
§§ 1331 and 1367.
2
We exercise jurisdiction under 28 U.S.C. § 1291.
2
Hodge’s whistleblower claim.
Furthermore, because the District Court had already granted summary
judgment in favor of the Superior Court on Hodge’s sole claim, we find no error in
the District Court’s denial of Hodge’s subsequent motion for default judgment or
for summary judgment in his favor.3 Inasmuch as we have concluded that the
District Court did not err in granting summary judgment in favor of the Superior
Court, we will affirm the District Court’s order denying Hodge’s motion for
reconsideration.4
3
We review the District Court’s refusal to enter a default judgment for an abuse of
discretion. Chamberlain v. Giampapa,
210 F.3d 154, 164 (3d Cir. 2000).
4
The abuse of discretion standard also applies to our review of the denial of a motion for
reconsideration. Budget Blinds, Inc. v. White,
536 F.3d 244, 251 (3d Cir. 2008).
3