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Ex-PSS chief’s motion for reconsideration is denied
In a two-page order, U.S. District Court for the NMI Chief Judge Ramona V. Manglona said she has reviewed former Board of Education commissioner Cynthia I. Deleon Guerrero’s arguments and finds that she has raised no new arguments.
Manglona said Deleon Guerrero may disagree with the court’s understanding of the statutes and case law, but she has not persuaded the court that it erred in dismissing her claims.
The judge did not hold a hearing on the motion. She decided the motion as it has been fully briefed on the papers that the parties had submitted.
Deleon Guerrero sued BOE and its members for allegedly terminating her last October as PSS commissioner in violation of due process. She accused board members of conspiring to violate her due process rights, wrongfully terminating her, and breaching her employment contract. She is demanding $350,000 in damages.
Manglona remanded the state law claims, leaving only two claims in the lawsuit.
Last May 30, Manglona dismissed with prejudice Deleon Guerrero’s two remaining two claims: violation of her due process rights and conspiracy to violate her due process rights.
That means Deleon Guerrero can no longer re-file the claims.
Deleon Guerrero asked the court to reconsider, asserting through counsel Brien Sers Nicholas that errors of law in her case will make her suffer injustice.
Nicholas said Deleon Guerrero is entitled to a hearing to defend herself against a stigma publicly bestowed on her by the BOE members.
In the BOE members’ opposition to the motion for reconsideration, they asserted that they are puzzled by Deleon Guerrero’s argument.
BOE and its members, through special assistant attorney general Tiberius D. Mocanu, said Deleon Guerrero argues that she should be entitled to a pre-termination hearing because BOE chair MaryLou S. Ada stated that she did not get along with her.
Mocanu said Deleon Guerrero in her motion for consideration states that she contests the accuracy of that statement.
Mocanu asked how is that even possible.
