By Gina Tabonares
Variety News Staff

FOR the second time, the District Court of Guam has advised a plaintiff asking for $4 million compensatory damages to amend his complaint against the Department of Integrated Services for Individuals with Disabilities to avoid the dismissal of the lawsuit.
The plaintiff, Jacob Cruz, sued DISID in December 2006, alleging that he was denied services due to his disabilities.
A hearing was held on the matter, after which the court issued its decision allowing Cruz to amend his complaint to add facts to support his claims of “intentional discrimination” and “deliberate indifference.”
Cruz made an amended complaint but after review, the court found that the complaint is defective pursuant to the local rules of the District Court of Guam.
Despite earlier court warnings regarding the requirements for filing his amended complaint, Cruz failed to re-allege any of the facts in his initial complaint.
Judge Frances Tydingco-Gatewood, in her March 2 order, stated that even a liberal review of Cruz’ filings cannot find any legal or factual basis supporting his claims as they are stated in the amended complaint.
Cruz was advised that failure to comply with every provision of the court order would result in the dismissal of the case.
The court, however, is giving Cruz a final opportunity to once again amend his complaint to conform to the court’s previous order.
Cruz was ordered to submit a second amended complaint by March 12.
If he fails to do so, the court stated that all causes of action as to defendants will be dismissed.
Cruz, a resident of Dededo, is asking for a $4 million compensation which he said shall be taken from the salaries of DISID director Rosanne S. Ada and deputy director Gregorio Salas Calvo.
According to Cruz, he sought DISID’s help in April 2006 when he was promised by Calvo that he will get $90,000 to begin his small home-based business to become self-sufficient.
Cruz wants to avail of the individualized budgeting program, along with his individualized plan for employment with the Division of Vocational Rehabilitation, an umbrella organization of DISID.
Services for the individualized budgeting program are a locally funded program, while DVR services are equally funded by the local and federal government.
The individualized budgeting program services include housing, furnishing, and other needs which may include some funding for home-based business.