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Tydingco-Gatewood rules Taisague received due process
The federal court has granted the CNMI government’s motion to dismiss Jesus I. Taisague’s claim for violation of due process in connection with his lawsuit against Gov. Eloy S. Inos and the Commonwealth government.
U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood ruled that because Taisague had individual notice of the Betty Johnson’s class action settlement and opted out of that settlement, he has received all process due.
Taisague argues that “none of the defendants gave personal or general notice to” him before reducing his pension benefits.
“But Taisague already had notice from the settlement agreement itself that the Commonwealth would reduce his benefits, even if he opted out—which he did in fact do,” the judge pointed out.
Tydingco-Gatewood said this not to say that Taisague is bound by the prior settlement and he is not.
Taisague, she said, might have a colorable breach of contract claim under Commonwealth law, but he does not have a procedural due process claim.
Johnson’s class action against the NMI Retirement Fund and the CNMI was ultimately settled, with the class receiving at least 75 percent of their pension payments.
Taisague opted out of that settlement.
Taisague, through counsel Ramon Quichocho, sued on his own behalf to recover 100 percent of his pension payments and his health insurance coverage.
The court previously dismissed part of Taisague’s complaint.
The CNMI asked the court to dismiss the plaintiff’s procedural due process claim.
Taisague’s claim alleges that Inos and co-defendants withheld or caused to be withheld his pension benefits and that they never afforded him a hearing before appropriating his 25 percent benefits.
In her order, Tydingco-Gatewood said Taisague presents no compelling arguments in his opposition.
Tydingco-Gatewood said that with class actions, procedural due process is satisfied where “an absent plaintiff [is] provided with an opportunity to remove himself from the class by executing and returning an ‘opt-out’ or ‘request for exclusion’ form to the court.
“Here, Taisague had individual notice of this settlement: he opted out. So no procedural due process claim is plausible,” the judge said.
