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    Monday, December 18, 2017-11:32:53P.M.

     

     

     

     

     

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Imperial Pacific asks court to dismiss former employee’s lawsuit

IMPERIAL Pacific International (CNMI) LLC has denied a former employee’s allegation that it has engaged in any unlawful employer practices.

IPI, through attorney Kelley M. Butcher, asked the federal court to dismiss with prejudice Rovie Anne Chopitea’s lawsuit.

Represented by attorney Daniel Guidotti, Chopitea filed the civil action under Title VII of the Civil Rights Act of 1964 as amended, and the Equal Pay Act of 1963.

Chopitea, a citizen of the Philippines, said IPI did not give her a promised promotion and pay raise, adding that it retaliated against her for complaining to the Equal Employment Opportunity Commission.

But Butcher said Chopitea’s complaint fails to state a claim upon which relief can be granted.

To the extent that Chopitea relies on any events, allegations, or claims occurring outside the applicable statute of limitations, those events, allegations or claims are barred, Butcher added.

She said Chopitea cannot recover against IPI because she failed to mitigate her alleged damages and alternatively, “to the extent that Chopitea has mitigated her alleged damages, IPI is entitled to offset those amounts from any alleged damages.”

Butcher said the purported claim is “barred in whole or in part because all decisions with respect to Chopitea’s employment were made by her for legitimate, non-discriminatory, non-pre-textual reasons, and any alleged differences in salary were based on factors other than sex.”

Butcher said IPI has not engaged in intentional discrimination with respect to its former employee and therefore cannot be held liable for punitive damages.

IPI has not acted with malice, reckless indifference or fraud toward Chopitea, Butcher added.

She said the complainant is not entitled to receive punitive damages because she has not pled facts sufficient to support such an award.

IPI has acted in good faith toward Chopitea at all times, Butcher added.