Mon Ethos was tasked with securing sensitive data for the VIPD, including crime-scene evidence. Photo Credit: GETTY IMAGES
Following the recusal of Judge Carol Thomas-Jacobs, Denise Francois now presides over the breach of contract litigation filed by the Government of the Virgin Islands against Mon Ethos Pro Support.
The lawsuit, initiated by the GVI on August 2, accuses Mon Ethos of breach of contract and mishandling sensitive data. The company denies the accusations.
In an order on Monday, Judge Francois pushed back the preliminary injunction hearing, initially scheduled for Thursday. The hearing will now take place next Thursday, August 29.
The new presiding judge also denied a motion by Mon Ethos seeking to vacate the temporary restraining order imposed by Judge Thomas-Jacobs prior to her recusal. Mon Ethos attorney Alex Golubitsky had argued that the TRO “was not granted on a fair and impartial basis,” due to her involvement in the business between Mon Ethos and GVI during her time as acting Attorney General. However, Judge Francois said that the company’s due process rights were not fundamentally violated by this state of affairs.
“The Court does not see how Judge Thomas-Jacobs alleged knowledge of the services provided by Mon Ethos would infect all her decisions with such bias or impartiality as to render them per se void,” Ms. Francois ruled, noting that it could be argued that any bias would be in favor of the company.
The hearing to discuss the injunction now scheduled for next Thursday is “precisely the opportunity for Mon Ethos to be heard in a meaningful manner,” Judge Francois said, as she dismissed the motion.
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