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Manglona tells plaintiff to explain why case should not be dismissed
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Posted on Jan 05 2012
U.S. District Court for the NMI Chief Judge Ramona V. Manglona has ordered a man who claimed that he sustained a brain injury due to many years of exposure to solvents at his jobsite to explain why his discrimination lawsuit should not be dismissed for lack of prosecution.
Adolfo M. Lumbad was given until Jan. 13, 2012, to respond in writing.
Manglona noted that Lumbad’s case has been pending for three years without any action being taken by the parties.
“If a proceeding has been pending for more than six months without any action taken by the parties…the court may dismiss the proceeding for lack of prosecution,” she said.
Lumbad filed the lawsuit without a lawyer in December 2008. At the time he was 57. He alleged that his employer terminated him as a mechanic/waste material recycler, apparently due to his disability and age.
He sued Pacific Marine and Industrial Corp. for alleged violation of the American with Disabilities Act of 1990, differential treatment on medical benefits, termination based on disability, breach of contract, violation of the Age Discrimination in Employment Act, and infliction of emotional distress.
He demanded payment for damages, costs of medical care, lost earnings and employment benefits, attorney’s fees, and court costs.
PMIC runs the Power Plant 4 in Puerto Rico, Saipan.
Lumbad stated that he was employed with PMIC as a mechanic but was assigned to work at its chemical and hazardous materials section as a material waste recycler since March 2001. He was terminated on Feb. 5, 2008.
