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...
