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Motion to junk workers’ 1st suit denied as moot
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Posted on Mar 20 2019
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has denied as moot a motion to dismiss the original lawsuit filed by seven Chinese construction workers against a contractor of the Imperial Pacific International (CNMI) LLC over the injuries they allegedly suffered during accidents at IPI’s casino-resort project in Garapan.
Manglona dismissed yesterday Gold Mantis Construction Decoration (CNMI) LLC’s motion to dismiss the original lawsuit because the workers have already filed an amended complaint.
Manglona vacated the motion hearing set for April 4, 2019.
In the original complaint filed last December, the seven workers, through counsel Bruce Berline, sued Gold Mantis for negligence and intentional infliction of emotional distress.
Gold Mantis moved to dismiss the lawsuit for lack of jurisdiction.
However, last Feb. 11, the plaintiffs and Gold Mantis submitted an agreement that allows the workers to amend their complaint.
The seven workers filed the amended complaint last Friday.
In dismissing the motion to dismiss as moot, citing precedent by the U.S. Court of Appeals for the Ninth Circuit, Manglona said: “It is well established in our circuit that an amended complaint supersedes the original, the latter being treated thereafter as non-existent.”
In the amended lawsuit, the plaintiffs are still suing Gold Mantis, but added IPI and another contractor, MCC International Saipan Ltd. Co., as defendants.
In the amended lawsuit, the seven workers are suing the defendants for alleged forced labor in violation of the Trafficking Victims Protection Re-authorization Act, forced labor in violation of the CNMI Anti-Trafficking Act, negligence, and liability for employees of subcontractor.
The workers alleged, among other things, that they were forced to work long hours for below minimum wage under extremely dangerous conditions at the casino-resort worksite.
The plaintiffs asked the court to hold the defendants liable to pay them damages, attorney’s fees, and court costs.
IPI previously denied the allegations.
The seven plaintiffs are Tianming Wang, Dong Han, Yongjun Meng, Liangcai Sun, Youli Wang, Qingchun Xu, and Duxin Yang.
