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UMDA, former officer ask court to dismiss suit
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Posted on Jun 02 2012
By Ferdie de la Torre
Reporter
Reporter
The United Micronesia Development Association Inc. and its former chief financial officer, Hiroyuki Saito, who is suing UMDA, asked the federal court yesterday to dismiss the lawsuit.
Saito and UMDA, through their respective counsels, Mark A. Scoggins and Robert T. Torres, said the U.S. District Court for the NMI shall be provided with a copy of their confidential settlement agreement and release so that the court may review the settlement and its terms.
Scoggins and Torres said the court may also, in its discretion, file a copy of the settlement agreement and release under seal.
The lawyers asked the court to retain jurisdiction over the case to enforce the settlement.
Early last month, U.S. Magistrate Judge of the District of Guam Joaquin V. E. Manibusan Jr. said a settlement between UMDA and Saito had been reached.
Manibusan said that UMDA and Saito, along with their representatives and counsel, met with him for a settlement conference on April 27, 2012. The judge did not indicate the terms of the settlement.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona appointed Manibusan to serve as a mediator/settlement judge in Saito’s lawsuit against UMDA.
Manglona issued the order after Saito and UMDA, through their counsels, agreed to hold a conference to settle their dispute.
Saito sued UMDA to compel the company to arbitrate their disputes. He alleged that UMDA terminated his employment effective immediately and without cause on Dec. 7, 2009. Saito claimed that UMDA’s total outstanding liability to him under the terms of a renewed contract is at least $975,000.
In February 2011, the federal court granted UMDA’s motion to dismiss Saito’s lawsuit. The court then agreed with UMDA’s position that Saito does not adequately allege a breach of contract because he does not adequately allege the existence of any contract to be breached.
Saito later filed an amended complaint.
