Vol. 35 No.19
       ©2007 Marianas Variety
Wednesday, April 11, 2007 www.mvariety.com
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AGO wants pretrial conference in worker case against 10 port officials

By Gina Tabonares
Variety News Staff

THE Attorney General’s 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 AGO’s 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 hadn’t 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.