Dr. Ramsey gets 60 days to file amended lawsuit

U.S. District Court for the NMI designated judge Frances Tydingco-Gatewood has given Dr. Gary Ramsey 60 days to file his first amended wrongful termination lawsuit against the CNMI government, the Commonwealth Healthcare Corp., and others.

Tydingco-Gatewood stated she had given Ramsey leeway to find a new counsel as replacement for his previous counsel, Stephen Woodruff.

At a status conference last Tuesday, Ramsey apprised the court that he had contacted two attorneys from Guam and also searched for a lawyer on Saipan.

Ramsey asked the court to give him 90 days to file his amended complaint as he was still searching for Woodruff’s replacement.

Assistant attorneys general Christopher Timmons and Thomas Schweiger objected to the 90-day request.

Timmons is counsel for defendant Jeanolivia Grant, while Schweiger is counsel for defendants CNMI government, CHCC, and other co-defendants.

Tydingco-Gatewood asked Ramsey if he understood that Woodruff could not represent him. Ramsey explained he understood and that Woodruff was only assisting him with the transition of the case.

Last month, Tydingco-Gatewood disbarred Woodruff from practice of law before the District Court.

Ramsey alleges in his lawsuit that the Commonwealth and the public corporation that runs CHC wrongfully denied him privileges at the hospital.

Ramsey named as defendants in his lawsuit the CNMI government, CHCC, CHCC chief executive officer Esther Muna, and several other present and former hospital officials.

On May 29, 2015, the court dismissed the CNMI government and CHC from the four claims in Ramsey’s lawsuit.

The court dismissed with prejudice the CNMI government and CHCC from Ramsey’s four claims: declaratory and injunctive relief—unlawful deprivation of property without due process of law, two claims of damages—unlawful deprivation of property without due process of law, and a claim of damages—unlawful deprivation of liberty and property without due process of law. Dismissed with prejudice means Ramsey could not re-file the four claims in the future.

The court also dismissed with prejudice Ramsey’s two other claims: violation of U.S. Constitution and violation of CNMI Constitution.

The dismissal leaves four causes of action to remain in the lawsuit: breach of contract, tortious interference with contract, breach of covenant of good faith and fair dealing, intentional infliction of emotional distress, and liability of CNMI government.

The CNMI government and co-defendants, through then-Office of the Attorney General Solicitor Division chief James M. Zarones, appealed to the Ninth Circuit.

Zarones initiated the appeal from the court’s order, which held that the defendants are not entitled to sovereign immunity.

The Ninth Circuit The judges remanded the case to the U.S. District Court for the NMI and directed it to grant the Commonwealth’s motion to dismiss the claims at issue in this appeal.