By Gina Tabonares
Variety News Staff

AFTER receiving a warning of possible dismissal of his complaint, Jacob Cruz withdrew his lawsuit against the Department of Integrated Services for Individuals with Disabilities, or DISID, citing unforeseen circumstances.
Cruz, a person with disability, filed a lawsuit against DISID in December 2006, alleging that he was denied services due to his disabilities.
But the court dismissed his motion to place a hold on his case after he failed to indicate how a delay in the proceedings would be beneficial to him, the defendants or the court.
Chief Judge Frances Tydingco-Gatewood instructed him twice to amend his complaint to avoid the dismissal of the lawsuit.
Cruz submitted an amended complaint but after review, the court found that the complaint was defective pursuant to the rules of the District Court of Guam.
A hearing on the matter was held, 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.”
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.
In her March 2 order, Tydingco-Gatewood stated that even a liberal review of Cruz’s filings cannot find any legal or factual basis supporting his claims as they are stated in the amended complaint.
The court, however, gave Cruz a final opportunity to once again amend his complaint and submit it by today.
Cruz, a resident of Dededo, asked 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’s complaint, 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.