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By
Gina Tabonares
Variety News Staff
THE Attorney
Generals Office yesterday asked for a pretrial conference to expedite
the disposition of a case filed by Port Authority of Guam employee Anthony
Q. Sanders against 10 GovGuam officials handling the operation of the
port.
While the AGO denies any unfair labor practice committed by the officials
against Sanders, and asked for the dismissal of the civil case, Assistant
Attorney General Philip D. Isaac wants a pretrial conference to discourage
wasteful pretrial activities.
The AGOs request was prompted by Sanders failure to provide
the defendants and the court a correct address for the service process,
and his failure and refusal to comply with the District Court of Guam
rules, specifically the order contained in the scheduling notice.
According to Isaac, an AGO process officer, Francisco Santos, went to
serve the plaintiff a copy of their answer to the complaint to the Yona
address given by Sanders but he was located at his actual residence in
Agat which was not provided to court.
On April 6, 2007, Isaac said that plaintiff called the counsel for the
defendant and said he had just received a copy of the letter, adding that
he hadnt lived in his Yona address since he retired from military
service.
Sanders said he was represented by Atty. Mark Williams but the representation
could not be confirmed.
Isaac said a pretrial conference is needed to establish early and continuing
control so that the case will not be protracted because of lack of management.
Sanders sued the 10 unnamed officials last month, citing unlawful employment
practices and discrimination when the Port Authority of Guam failed to
promote him.
Isaac, in his motion, said the case should be dismissed because Sanders
untimely filed the complaint before the Equal Employment Opportunity Commission
on May 6, 2005, more than 180 days after the alleged unlawful employment
practice occurred.
Isaac said the court has no jurisdiction over the case due to its late
filing before the EEOC.
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