By Gina Tabonares
Variety News Staff

THE District Court of Guam dismissed a $4 million lawsuit filed by a client against the Department of Integrated Services for Individuals with Disabilities, or DISID.
Chief District Judge Frances Tydingco-Gatewood dismissed the case without prejudice after receiving a notice of dismissal filed by Jacob Cruz, the complainant.
Cruz, a person with disabilities, filed a lawsuit against DISID in December 2006, alleging he was denied services due to his disabilities.
However, 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.
The court instructed him twice to amend his complaint to avoid the dismissal of the lawsuit.
Cruz made 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 a 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 said even a liberal review of Cruz’s filings does not 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 March 12.
Cruz, a resident of Dededo, asked for $4 million in compensation which he said should 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 and was promised by Calvo that he would get $90,000 to begin a small home-based business to become self-sufficient.
Cruz wanted to participate in the individualized budgeting program, with an individualized plan for employment with the Division of Vocational Rehabilitation, an umbrella organization of DISID.