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Discrimination suit vs defunct garment factory is dismissed
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Posted on Jun 22 2011
The federal court dismissed yesterday an alien worker’s discrimination lawsuit against a defunct garment manufacturer.
U.S. District Court for the NMI judge Frances M. Tydingco-Gatewood dismissed without prejudice Reynaldo L. Garcia’s lawsuit against Poong-In Saipan Inc.
Dismissal without prejudice means Garcia may re-file the complaint in the future.
The judge said the supplemental response order required Garcia to explain why service of summons process should be deemed effected in this case. Garcia has failed to do so, Tydingco-Gatewood said.
“As such, the court cannot deem service of process effected,” the judge said.
Garcia, a Filipino mechanic, alleged that because of his national origin, the factory did not renew his contract and instead hired some Chinese nationals.
Garcia’s lawsuit has been pending for more than six months without any action taken by the parties in that period. The court then asked plaintiff to explain why the court should not dismiss the case.
Attorney Stephen Woodruff, counsel for Garcia, stated that the service on Poong-In Saipan Inc.’s attorney of record from an underlying Equal Employment Opportunity Commission case should be enough.
