ST. CROIX — In a landlord-tenant dispute that has dragged on for six and a half years, former Senator Mary Ann Pickard is now asking the Superior Court of the Virgin Islands to dismiss a lawsuit brought against her by former tenant and perennial senatorial candidate Michael Springer, citing his failure to prosecute the case.
If the court grants Pickard’s motion, all of Springer’s claims would be dismissed with prejudice, meaning he could not refile them in the future.
Dismissal of Springer’s claims would effectively end his legal action, originally filed on March 3, 2019. It would also clear the way for Pickard’s own counterclaims, which are also before the court under a separate motion for summary judgment.
Pickard submitted both motions last Thursday through her attorney, Lee Rohn.
The motion to dismiss argues that Springer has effectively abandoned his lawsuit by failing to follow court orders, retain legal counsel, or make any filings since July 2023.
The legal dispute stems from a commercial lease agreement between Pickard and Springer, who operated businesses known as Nikki’s Wings N Tings and Deh Bungalow at Pickard’s 52 Estate Richmond property. Springer sued Pickard for breach of contract, defamation, and tortious interference after their landlord-tenant relationship deteriorated.
On February 14, 2019, Springer received a 30-day notice to vacate Deh Bungalow. The notice alleged that Springer installed gas lines without permission, took up common space for establishment use, and refused to remove an encroaching air conditioner.
On March 1, 2019, Springer was given an eviction notice to vacate Nikki’s Wings N Tings for destruction and encroachment due to the discovery that he had again violated the lease agreement by accessing the adjoining unit and rerouting waterlines.
Springer argued that Pickard had no just cause to terminate their agreement. He argued that she failed to reimburse him for significant repairs and improvements he made to the premises following the hurricanes of 2017. He claims Pickard defamed his character when her agent told someone he was stealing water from the utility company. He claims Pickard conspired with a new lessee by making up false allegations.
Pickard counterclaimed on July 24, 2019, alleging Springer had violated the lease, sublet the premises without permission, damaged property, changed locks, and filed a false police report against her claiming that she entered Nikki’s Wings N Tings and stole $3,800. Pickard submitted a boarding pass as proof that she was out of the territory from February 22 to March 7, 2019, which she claims was during the time the theft allegedly occurred.
Pickard now claims that Springer has abandoned his lawsuit.
In her motion to dismiss, Pickard cites Rule 41(b) of the Virgin Islands Rules of Civil Procedure, which allows courts to dismiss cases if a plaintiff fails to prosecute or disobeys court orders. According to Pickard’s filing, Springer’s last attorney withdrew in 2023 due to nonpayment and lack of communication; the court ordered Springer to indicate whether he would represent himself or hire new counsel but he never responded; there has been no discovery, no filings, and no contact with the court from Springer in more than a year; and the case has sat idle since early 2022.
In her motion for summary judgment, Pickard seeks $218,000 in damages, including $18,000 in lost rent, repairs, and income; $100,000 for mental anguish and loss of enjoyment of life; and $100,000 in punitive damages. She also argues that there are no disputed facts remaining for trial.
If summary judgment is granted, Pickard would win the case outright and receive the full damages requested, or as modified by the court.
