DECISION AND ORDER SUBSTITUTING CNMI FOR DEFENDANTS EVANGELISTA AND PATRIS PURSUANT TO CNMI ATTORNEY GENERAL'S CERTIFICATION, AND GRANTING DEFENDANTS' MOTION TO DISMISS RAMONA V. MANGLONA , District Judge . I. INTRODUCTION Before this Court are Defendant Commonwealth of the Northern Mariana Islands ("CNMI") Department of Public Safety ("DPS") and all official capacity Defendants' Motion to Dismiss (ECF No. 9, "Motion"), and two Certifications of Scope of Employment and Notice of...
DECISION AND ORDER GRANTING DEFENDANT CPA'S MOTION TO DISMISS AND DISMISSING COMPLAINT WITHOUT PREJUDICE FRANCES M. TYDINGCO-GATEWOOD , District Judge . This case involves the Airline Use Agreement entered into between Plaintiff Star Marianas Air, Inc., and Defendant Commonwealth Ports Authority ("CPA"). Plaintiff alleges that Defendant has breached the contract by violating its federal obligations. ( See Second Am. Compl., ECF No. 26.) Presently before the Court is CPA's motion to...
AMENDED DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This case involves a procedural challenge to the Department of Defense and Department of the Navy's final decisions to relocate thousands of Marines from Okinawa to Guam and to construct training and base facilities on Guam and the island of Tinian that are necessary to meet their needs. Plaintiffs seek a court ruling that these final decisions were made in...
DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This case involves a procedural challenge to the Department of Defense and Department of the Navy's final decisions to relocate thousands of Marines from Okinawa to Guam and to construct training and base facilities on Guam and the island of Tinian that are necessary to meet their needs. Plaintiffs seek a court ruling that these final decisions were made in violation of the...
AMENDED DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This case involves a procedural challenge to the Department of Defense and Department of the Navy's final decisions to relocate thousands of Marines from Okinawa to Guam and to construct training and base facilities on Guam and the island of Tinian that are necessary to meet their needs. Plaintiffs seek a court ruling that these final decisions were made in...
DECISION AND ORDER GRANTING DEFENDANT CPA'S MOTION TO DISMISS AND DISMISSING COMPLAINT WITHOUT PREJUDICE FRANCES M. TYDINGCO-GATEWOOD , Designated Judge . This case involves the Airline Use Agreement entered into between Plaintiff Star Marianas Air, Inc., and Defendant Commonwealth Ports Authority ("CPA"). Plaintiff alleges that Defendant has breached the contract by violating its federal obligations. ( See Second Am. Compl., ECF No. 26.) Presently before the Court is CPA's motion to...
DECISION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This case involves a procedural challenge to the Department of Defense and Department of the Navy's final decisions to relocate thousands of Marines from Okinawa to Guam and to construct training and base facilities on Guam and the island of Tinian that are necessary to meet their needs. Plaintiffs seek a court ruling that these final decisions were made in violation of the...
DECISION AND ORDER DENYING PLAINTIFFS' FIRST MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO STRIKE RAMONA V. MANGLONA , Chief District Judge . Plaintiffs Kim Dong-Youl and Moon Hee Ko have filed a complaint against their automobile insurance company, Defendant Pacific Indemnity Insurance Company, seeking relief for Defendant's failure to pay the liability limit of the insurance policy, and refusal to indemnify or defend it against a wrongful death lawsuit. (Compl., ECF No. 1-2.) They...
DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S REQUEST FOR LEAVE TO AMEND FRANCES M. TYDINGCO-GATEWOOD , District Judge . Plaintiff Star Marianas Air, Inc. brings this lawsuit against Defendants Commonwealth Ports Authority ("CPA") and Does I-IV for alleged violations of the Anti-Head Tax Act and breach of contract. (First Am. Compl. ("FAC"), ECF No. 2.) Defendant CPA seeks to dismiss for lack of subject matter jurisdiction. (Mot. to Dismiss, ECF Nos. 10-11.)...
DECISION AND ORDER GRANTING RESPONDENTS' MOTION TO DISMISS FRANCES M. TYDINGCO-GATEWOOD , District Judge . Before the Court is Petitioner Amalia Guanlao's second amended petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241, through which she seeks to appeal the final order of removal issued by an immigration judge. (Second Am. Petition, ECF No. 23.) Respondents seek to dismiss the second amended petition. (Mot. to Dismiss, ECF No. 88; Mem. in. Supp., ECF No. 89.) For...
DECISION AND ORDER DENYING PLAINTIFFS' FIRST MOTION FOR PARTIAL SUMMARY JUDGMENT AND MOTION TO STRIKE RAMONA V. MANGLONA , Chief District Judge . Plaintiffs Kim Dong-Youl and Moon Hee Ko have filed a complaint against their automobile insurance company, Defendant Pacific Indemnity Insurance Company, seeking relief for Defendant's failure to pay the liability limit of the insurance policy, and refusal to indemnify or defend it against a wrongful death lawsuit. (Compl., ECF No. 1-2.) They...
DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S REQUEST FOR LEAVE TO AMEND FRANCES M. TYDINGCO-GATEWOOD , District Judge . Plaintiff Star Marianas Air, Inc. brings this lawsuit against Defendants Commonwealth Ports Authority ("CPA") and Does I-IV for alleged violations of the Anti-Head Tax Act and breach of contract. (First Am. Compl. ("FAC"), ECF No. 2.) Defendant CPA seeks to dismiss for lack of subject matter jurisdiction. (Mot. to Dismiss, ECF Nos. 10-11.)...
DECISION AND ORDER GRANTING RESPONDENTS' MOTION TO DISMISS FRANCES M. TYDINGCO-GATEWOOD , District Judge . Before the Court is Petitioner Amalia Guanlao's second amended petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2241, through which she seeks to appeal the final order of removal issued by an immigration judge. (Second Am. Petition, ECF No. 23.) Respondents seek to dismiss the second amended petition. (Mot. to Dismiss, ECF No. 88; Mem. in. Supp., ECF No. 89.) For...
DECISION AND ORDER GRANTING DEFENDANT SALAS'S MOTION FOR SUMMARY JUDGMENT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION Plaintiffs KSA Corporation and its president Il Hwan Kim have brought a civil RICO claim and two claims under the law of the Commonwealth of the Northern Mariana Islands ("CNMI") against Defendants Jin An Hun, Eun Taek Jeong, Joann P. Hensley, Oscar M. Babauta, Ramon S. Salas, and Does 1-10 for allegedly defrauding them and taking their money by pretending...
DECISION AND ORDER GRANTING MOTION TO STRIKE AND DISMISSING WITH PREJUDICE EXXON MOBIL CORPORATION RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This is a Title VII civil rights suit in which plaintiff Nicolas Pohl alleges that defendants illegally discriminated against him by not hiring him on the basis of his race, national origin, and age. Before the Court is defendants Exxon Mobil Corporation and Mobil Oil Mariana Islands, Inc.'s motion to strike plaintiff's second first...
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS COMPLAINT RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This case involves plaintiffs' challenge to a large-scale effort by the U.S. Department of the Navy and Department of Defense to relocate several thousand U.S. Marines from Okinawa to Guam. Plaintiffs maintain that this effort may not proceed until defendants comply with the statutory obligations imposed by the National Environmental...
DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO DISMISS RAMONA V. MANGLONA , Chief District Judge . I. INTRODUCTION This is a civil case brought by Plaintiff Obaydul Hoque Bhuiyan ("Bhuiyan") against the United States pursuant to the Federal Torts Claims Act ("FTCA"), 28 U.S.C. 1346(b), 2671-2680 and a claim for declaratory relief, 28 U.S.C. 2201. Bhuiyan alleges that the United States Citizenship and Immigration Service ("USCIS") negligently granted his I-360 application and later...
DECISION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED COMPLAINT Ramona V. Manglona , Chief Judge . I. INTRODUCTION Presently before the Court is Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint ("FAC") (ECF No. 38) pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs, the Commonwealth Utilities Corporation ("CUC") and 13 of its alien contract workers employed under the federal Commonwealth-only transitional worker...
MEMORANDUM DECISION DENYING DEFENDANT ZHAOPENG CHEN'S MOTION FOR JUDGMENT OF ACQUITTAL RAMONA V. MANGLONA , Chief Judge . I. INTRODUCTION On December 16, 2016, the Court denied Defendant Zhaopeng Chen's Motion for Judgment of Acquittal, brought pursuant to Rule 29(c) of the Federal Rules of Criminal Procedure. (Order, ECF No. 181.) This memorandum decision explains the Court's reasoning. II. BACKGROUND On December 10, 2015, the grand jury returned a one-count indictment against Xi Huang,...
DECISION AND ORDER DENYING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Ramona V. Manglona , Chief Judge . I. INTRODUCTION On June 29, 2016, the Commonwealth Utilities Corporation ("CUC") and 13 of its alien contract workers employed under the federal Commonwealth-only transitional worker program brought this action against Secretary of the Department of Homeland Security ("DHS") Jeh Charles Johnson, Director of Immigration and Customs Enforcement ("ICE") Sarah R. Saldana, and Director...
