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Fire chief requests for more time to respond to lawsuit
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Posted on May 28 2012
Thomas M. Manglona, the Department of Public Safety’s Fire Division chief, has asked the district court to extend its deadline for him to respond to a lawsuit filed against him by a private ambulance company.
Manglona, through assistant attorney general Gilbert Birnbrich, informed the U.S. District Court for the NMI last week that his failure to file a timely response was excusable.
Birnbrich said he viewed the date of service for the order setting the briefing schedule and mistook it for the date St. Michael’s served Manglona with the summons and complaint.
Birnbrich said he believed in good faith that the plaintiff served Manglona with the complaint on May 3, 2012. As such, the lawyer said, he prepared Manglona’s response for May 23, 2012.
On May 23, Birnbrich learned that the plaintiff filed a motion for the entry of default the day before. Upon checking the court’s system, the lawyer said he discovered this to be true.
At this discovery, Birnbrich said another attorney in the Office of the Attorney General contacted plaintiff’s counsel about Birnbrich’s intent to file a motion to extend time. Birnbrich said the plaintiffs’ counsel stated that he did not oppose a motion to extend time.
August Healthcare Group LLC, owner of Saint Michael’s Medical Response, is suing Manglona and several others for allegedly conspiring to destroy the company’s business.
Aside from Thomas and Joaquin Manglona, August Healtcare also named as co-defendants Michael Manibusan Takai, John Benedict Taisakan Pelisamen, and Marianas Global Ventures LLC, which owns Priority Care.
