Previous Story
Judge to dismiss suit against 2 military special force members
The federal court yesterday filed a notice of intent to dismiss a lawsuit filed in 2012 by attorney Ramon K. Quichocho on behalf of a tourist who was allegedly beaten up by two members of the U.S. military special force outside G.I.G. Discotheque in Garapan.
Ki Pung Kwon filed the complaint on Sept. 25, 2012, but U.S. District Court for the NMI Chief Judge Ramona V. Manglona said the court docket contains no record of proof that the complaint was served on either defendants, Carl Weight Jr. and Marty Joel Lopez.
Citing Federal Rules of Civil Procedure, the judge said “if a defendant is not served within 120 days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made within a specific time.”
To avoid summary dismissal, Manglona gave Quichocho no later than June 13, 2014, to show cause why the case should not be dismissed without prejudice for failure to effect service.
Dismissal without prejudice means a plaintiff is allowed to refile a new suit on the same claim in the future.
Ki Pung Kwon, a male Korean, is suing U.S. military special force members Weight Jr. and Lopez for assault, battery, and intentional infliction of emotional distress. Kwon asked the court to hold the two liable to pay him damages, attorney’s fees and court costs.
According to Quichocho in the complaint, Kwon and a friend named Tony went to G.I.G. Discotheque on Sept. 22, 2012, at 12:30am. As they were leaving at 2:40am, Weight and Lopez allegedly started taunting and assaulting Kwon.
Quichocho said that when Kwon got into a vehicle, one of the defendants opened the door and punched and hit Kwon.
Weight and Lopez allegedly pulled Kwon out of the vehicle and continued beating and taunting him.
Tony called the police, prompting the defendants to run away from the scene.
An ambulance later brought Kwon to the Commonwealth Health Center where he received several stitches on the head.
