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Ex-DYS social worker sexual harassment suit is dismissed
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Posted on Jan 24 2020
The federal court dismissed Wednesday a sexual harassment lawsuit filed by a former social worker in the Child Protection Unit of the Division of Youth Services against her then-supervisor after she failed to appear in court in response to to a court order.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed the case without prejudice, which means that the former social worker may re-file the case.
The complainant in the case failed to show up at a show cause hearing, prompting the dismissal order.
The judge also noted that the plaintiff did not file a response to her order to show cause.
Last Jan. 7, the plaintiff failed to appear at the hearing. This prompted Manglona to issue the second show cause order against the former social worker.
The show cause order directed the plaintiff to appear Wednesday to explain why her lawsuit should not be dismissed for failure to prosecute. Manglona said the plaintiff may appear via telephone and indicated at that time that she would dismiss the case if the woman fails to show up.
Last Nov. 15, the plaintiff appeared via telephone at a status conference. The court then ordered her to submit a report summarizing her efforts to hire an attorney.
Another status conference was then set for last Jan. 7.
Manglona said the court never received a written report from the plaintiff and that almost a year has passed since she filed her complaint, and she has still not served the defendants with the complaint.
The court issued the first show cause order last July.
The complainant was left with no lawyer after her first one, Joseph E. Horey, moved to withdraw as counsel last March.
Horey then agreed with Manglona that the complaint was not served yet on defendant Julian R. Camacho and co-defendants. Aside from plaintiff’s then-supervisor Camacho, the complainant named as co-defendants the CNMI government, and the Department of Community and Cultural Affairs’ DYS. She demanded unspecified damages.
She worked as a social worker in the Child Protection Unit of DYS from 2012 to 2014.
