A District Court judge has thrown out a lawsuit filed by Kay Milliner-Kitchens, a former acting sales director at the Department of Tourism, because she did not respond to a government motion seeking dismissal.
Milliner-Kitchens filed her original complaint in August 2024 and later amended it to name the V.I. government, the Department of Tourism, and Commissioner Joseph Boschulte as defendants. Her attorney was Namosha Boykin.
In her case, Milliner-Kitchens claimed she had spent 20 years working as an offshore Tourism employee and alleged she experienced unfair treatment from colleagues who did not grow up in the continental United States or lack connections to senior Virgin Islands government figures. She said she was terminated without cause on July 12, 2023, and sought damages and compensation.
The V.I. Attorney General's Office moved to dismiss in June, contending the claims lacked legal merit. The government argued that Milliner-Kitchens had herself admitted to insubordination and poor job performance in her court filings. Specifically, the Attorney General noted she had been given tasks including reviewing independent contractors' reports and approving their time sheets and invoices, which she refused to complete.
U.S. Magistrate Judge G. Alan Teague set a July 3 deadline for Milliner-Kitchens to file a response to the dismissal motion. When four months passed without any response or contact from her, District Judge Evan Rikhye issued an order on Tuesday ending the case. "The Court will dismiss the instant matter for want of prosecution," the judge wrote.
Milliner-Kitchens was born on St. Thomas but moved to the mainland at age 13 and now lives in Atlanta.
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