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IN FIRE SPRINKLER SYSTEM INSTALLER SUIT
AG certifies then-DFEMS chief Norita was acting within scope of employment
Attorney General Edward Manibusan certified Monday that Claudio K. Norita was acting within the scope of his employment as then-commissioner of the Department of Fire and Emergency Medical Services when the allegations arose in connection with a lawsuit filed by a company that is engaged in the installation of a fire sprinkler system.
Manibusan informed the U.S. District Court for the NMI that the Commonwealth shall be substituted for Norita as a defendant in the lawsuit filed by Double A Corp.
The OAG did not provide other details in the certification.
Double A Corp. filed the lawsuit in March 2019 against Norita and then-DFEMS fire inspector Anthony Babauta for allegedly causing it to lose $410,150 when they refused to accept its permit application. Double A Corp., through counsel Joseph E. Horey, are suing Norita and Babauta for deprivation of property without due process. Double A is demanding unspecified damages, court costs, and attorney’s fees.
Double A specializes in installing fire sprinkler system and fire suppression.
According to Horey in the complaint, Double A, which had won a contract to install a fire sprinkler system in a complex of buildings operated by Proper Grand CNMI LLC, known as Sugar King Dormitory, had applied for a permit to install the sprinkler system, but Babauta allegedly refused to accept the application.
Horey said Double A appealed Babauta’s refusal to Norita but the commissioner also refused to accept any permit application from Double A and failed to state the reasons for his rejection of the application.
Horey said the failed contract was for a price of $410,150.
